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    The Road to Tyranny by Don Jans

    In Carr v. Saul, Supreme Court bolsters separation of powers

    Washington, D.C.;  On April 22, 2021 the Supreme Court of the United States issued its opinion in Carr v. Saul, holding that Social Security claimants can raise constitutional challenges before a federal court rather than an agency administrative law judge (ALJ). 

    Pacific Legal Foundation filed an amicus brief in the case arguing that ALJs lack the legal authority to decide constitutional issues. 

    “The Court’s decision is a step toward reopening the courthouse doors to individuals who have been deprived of constitutional rights by an administrative agency,” said Brian Hodges, a senior attorney at Pacific Legal Foundation. “This is exactly what Chief Justice John Marshall was referring to when he said, ‘It is emphatically the province and duty of the judicial department to say what the law is.’ The legislature makes the law, the executive branch enforces it, and the courts settle disagreements that arise under the law. An agency cannot make rules, enforce those rules, and then act as its own judge when people challenge those rules.” 

    About Pacific Legal Foundation
    Pacific Legal Foundation, America’s most powerful ally for justice, litigates in courts nationwide for limited government, property rights, individual liberty, and a balanced approach to environmental regulations.  PLF represents all clients free of charge.

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