Today, SCOTUS hears two cases about when you can challenge agency administrative proceedings based on arguments that the administrative proceeding is somehow unconstitutional. Historically, you have to subject yourself to the agency proceeding (including any potential fine, etc. that might be levied), and you can then take up your frontal assault on the proceeding itself on appeal (assuming you lose or are sanctioned by the agency). These cases present the question whether you can challenge the agency process under the constitution before having to subject yourself to the expense and risk of the whole process.
Tomorrow, we get Tavelski, involving whether 1983 can be used to enforce putative 'rights' created by spending clause statutes.
Then Wednesday, a big Indian law case (which I always dig because of the potential for a Gorsuch opinion) in a case involving Indian adoption preferences for NA foster families. May be as interesting for its equal protection signals as it relates to the AA cases.
Tomorrow, we get Tavelski, involving whether 1983 can be used to enforce putative 'rights' created by spending clause statutes.
Then Wednesday, a big Indian law case (which I always dig because of the potential for a Gorsuch opinion) in a case involving Indian adoption preferences for NA foster families. May be as interesting for its equal protection signals as it relates to the AA cases.
