Suppose a federal agency accuses you of violating the law and hauls you before its in-house court. You have good reason to believe the agency’s processes violate the U.S. Constitution. May you sue in federal court to protect your constitutional rights, or must you first endure the agency’s unconstitutional procedures?
That issue came before the U.S. Supreme Court last week in a case involving the Federal Trade Commission (FTC). Axon, the target of an enforcement action in the FTC’s in-house court, maintains that the agency’s structure and practices violate several constitutional requirements. Axon wants a federal court to consider its constitutional claims now.
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