Justices Revive Challenge to Social Security Judge Appointment

Nov. 9, 2020, 2:43 PM

The Social Security Administration may soon have to defend itself against a claim that its administrative law judges weren’t constitutionally appointed, after the Supreme Court agreed to take a look at the case.

Lower federal courts have split over whether claimants must first make that claim to the agency itself before heading to federal court.

The Supreme Court agreed on Monday to decide the dispute.

In 2018, the Supreme Court ruled that the administrative law judges for the Securities and Exchange Commission were unconstitutionally appointed because they are selected by other SEC staff—not the president, a court, or a head ...

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