Justices Lean Toward ‘Do-Over’ in Appointments Clause Dispute (1)

The U.S. Supreme Court seemed likely to allow Social Security claimants to press constitutional challenges to the agency’s structure even though they didn’t raise the issue before the agency itself.

Carr v. Saul is the latest in a string of disputes trying to balance agency independence with the need for accountability.

Wednesday’s case focused on a technical question surrounding those cases: must claimants raise constitutional Appointments Clause challenges before the agency itself, or can they bring them for the first time in federal court?

Foreshadowing the Justice Department’s defeat in this case, Justice Brett Kavanaugh asked Justice Department attorney Austin ...