On April 14, 2023, the U.S. Supreme Court held that parties may challenge the constitutionality of a federal agency’s structure in federal court. This outcome was a victory for WLF, which filed amicus curiae briefs supporting the challengers in both cases. In a decision that tracked one of WLF’s briefs, the Court held that defendants have a right to have their constitutional challenges to an agency’s structure adjudicated by an Article III tribunal. The ruling requires lower courts properly consider whether a claim is wholly collateral to the merits of a case and whether the agency has expertise on the question. The Court explained that illusory review does not satisfy the meaningful-judicial-review factor.

Note: The Court issued one opinion for two cases in which it granted certiorari separately. WLF filed amicus briefs in both Cochran and Axon. Our briefs in those cases can be found on two separate pages. The briefs in Cochran are here; the briefs in Axon are here.