1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Carr v. Saul: Issue Exhaustion Not Required for Social Security Claimants Appointments Clause Challenges April 29, 2021 On April 22, 2021, the Supreme Court handed down its decision in Carr v. Saul (conso
2、lidated with Davis v. Saul), holding that six Social Security claimants had not forfeited their challenges to the constitutional status of administrative law judges (ALJs) employed by the Social Security Administration (SSA). The six petitioners argued for the first time in federal court that the AL
3、Js who presided over their disability hearings were appointed in violation of the Appointments Clause of the Constitution; none of the petitioners first raised those arguments in administrative proceedings before the SSA. The Supreme Court unanimously held that the petitioners did not forfeit their
4、constitutional challenges, either by failing to comply with the administrative law doctrine of “issue exhaustion” or Supreme Court precedent requiring “timely” Appointments Clause claims. While the decision is a significant victory for the petitioners, the greater impact of Carr is uncertain and may
