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EN
A Small Win for Agency Adjudication
['The Regulatory Review', 'Matthew Lee Wiener', 'Jonathan Cedarbaum', 'Catherine Lewis', 'Aneri Suthar', 'Curtis Winter', 'Aaron Lee']
The Regulatory Review
The constitutionality of agency adjudication turns on a slippery distinction—between public- and private-rights claims—that confounds even the best lawyers.
If a right is public, an agency can adjudicate it, subject to judicial review, under the so-called public rights exception.
But it may also do nothing and force the government to collect the penalty by filing suit in a federal court.
Both carriers argued that the FCC’s adjudication violated their Seventh Amendment right to a federal court jury trial.
The Court’s recent decision in AT&T, then, is a win for agency adjudication, but it is only a small win.