1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Carr v. Saul: Supreme Court to Decide When Social Security Claimants Must First Raise Appointments Clause Challenges March 12, 2021 In 2018, the Supreme Court in Lucia v. Securities and Exchange Commissio
2、n (SEC) held that administrative law judges (ALJs) of the SEC are “Officers of the United States”government officials who, under the Appointments Clause of the U.S. Constitution, must be appointed by the President “with the Advice and Consent of the Senate,” or, in the case of “inferior” officers (b
3、ut only when Congress so provides), “the President alone,” “the Courts of Law,” or “the Heads of Departments.” Since Lucia, litigants have continued to raise Appointments Clause challenges regarding ALJs at other agencies. Carr v. Saul (consolidated with Davis v. Saul), a case pending before the Sup
4、reme Court, concerns parties who contend that Social Security Administration (SSA) ALJs who presided over their administrative proceedings were unconstitutionally appointed. The issue in Carr, however, is not whether SSAs ALJs are officers under the Appointments Clause, but whether the petitioners a
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