In a unanimous decision, the Court ruled that those facing complaints from the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC) can dispute their constitutionality directly in federal court rather than going through the agency’s proceedings. Justice Elena Kagan wrote the majority opinion, stating that the “ordinary statutory review scheme does not preclude a district court from entertaining these extraordinary claims.” …

“For decades, Americans have been haled before agencies which act as investigator, prosecutor, judge and their first court of appeal,” said New Civil Liberties Alliance Senior Litigation Counsel Peggy Little, who represented Cochran, said in a statement. “Michelle Cochran had the courage to insist that any hearing that put her CPA license at stake must be constitutional. And today the Supreme Court unanimously agreed that she is entitled to her day in court before the constitutional injury takes place.”

[A good day for those who fight against the power of the administrative state, and a surprisingly unanimous result. — Ed]