The Supreme Court made it easier to challenge the regulatory power of federal agencies, easing the way for constitutional challenges of the SEC and the FTC.
The court was unanimous on a seemingly mundane question: whether someone singled out for enforcement action by either agency can go directly to federal court to challenge the constitutionality of the process.
Kagan agreed: “Cochran and Axon will lose their rights not to undergo the complained-of agency proceedings if they cannot assert those rights until the proceedings are over.” The larger context for the cases is a battle by business interests to weaken the federal administrative state, and the plaintiffs hoped to build on a string of Supreme Court decisions that have advanced that cause. The importance of the issue was underscored by amicus briefs by industry groups and the fact that two former Republican solicitors general were representing Cochran and Axon.
France Dernières Nouvelles, France Actualités
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