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1 1 (November 7, 2022)

handle is hein.crs/govejht0001 and id is 1 raw text is: Congressional_______ SaResearch S rvice SCOTUS Considers Federal Court Jurisdiction Over Constitutional Challenges to Pending Agency Actions November 7, 2022 On November 7, 2022, the Supreme Court is scheduled to hear oral arguments in two cases with potentially far-reaching consequences for agency adjudications: Securities and Exchange Commission (SEC) v. Cochran and Axon Enterprise, Inc. v. Federal Trade Commission (FTCQ. Both cases involve constitutional challenges to agency proceedings with significant legal implications in their own right, but the central issue before the Supreme Court this term is whether federal district courts can hear those challenges before the agencies decide them in the first instance. This Legal Sidebar begins with an overview of federal court jurisdiction. It then provides background on the Axon Enterprise and Cochran cases and the circuit split that prompted these petitions to the Supreme Court. Lastly, the Sidebar highlights the significance of these cases for Congress and other agencies. Federal Court Jurisdiction Article III, Section 1, of the Constitution vests the judicial power in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Article I, Section 8, Clause 9, grants Congress the power to constitute Tribunals inferior to the supreme Court. By allowing Congress to establish lower federal courts, the Constitution implicitly gave Congress the power to define the jurisdiction of those courts (i.e., the types of cases the courts may adjudicate), which Congress has done through federal statutes. In particular, 28 U. S.C. § 1331 grants federal district courts original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States-also known as federal question jurisdiction. The Supreme Court has long recognized that Congress can also limit the jurisdiction of federal courts, including by assigning initial review of a dispute to an administrative agency. If Congress does so, the Administrative Procedure Act or another statute may authorize judicial review of the agency's final decision, but judicial review of the agency's proceedings before a final decision will generally be precluded. Instead, a litigant must generally make its arguments first to the agency, preserving those arguments for later review by an Article III court. Congressional Research Service https://crsreports.congress.gov LSB10854 CRS Legal Sidebar Prepared for Membersand Committeesof Congress

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