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    Supreme Court Rules That Federal District Courts Can Resolve Constitutional Challenges to FTC and SEC Structure

    Full Memo
    April 17, 2023

    The Supreme Court’s Unanimous Decision Allowing Private Parties to Bypass Administrative Proceedings for Constitutional Claims Could Increase Challenges to the FTC and SEC’s In-House Adjudications

    Last week, the Supreme Court issued a decision holding that private parties can pursue constitutional challenges to the FTC and SEC in federal district court. Although the Court did not address the merits of the plaintiffs’ constitutional claims, it is more likely that lower federal courts will resolve those claims in short order.

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