On May 10, 2022, WLF filed a brief urging the Supreme Court to confirm that a constitutional challenge to the structure of a federal agency need not start in the agency. In applying the Supreme Court’s Thunder Basin precedent, the Ninth Circuit focused almost exclusively on whether Axon can receive meaningful judicial review of its challenge to the FTC’s structure. It held that once-per-decade review suffices for “meaningful” judicial review. As WLF’s brief shows, this violates defendants’ due-process rights. WLF’s brief also argues that properly applying Thunder Basin would encourage parties to raise Appointments Clause challenges. Allied Educational Foundation joined WLF on the brief.
WLF Supreme Court merits brief
WLF Supreme Court certiorari-stage brief