Carr v. Saul

Brief Details

Rob Johnson
Senior Attorney
Anthony Sanders
Director of the Center for Judicial Engagement
Article III of the U.S. Constitution provides that federal judges--with the protection of life tenure--shall wield the "judicial power of the United States." But today, many federal cases are litigated before administrative judges who are mere employees of administrative agencies. In this brief, IJ urges the U.S. Supreme Court to reclaim the jurisdiction of the federal courts by holding that litigants cannot "waive" constitutional arguments by failing to raise them during proceedings before administrative judges. The Article III courts--not administrative agencies--are the proper courts to decide constitutional questions.