Yesterday a unanimous Supreme Court held that those subject to federal agency adjudicaiton can challenge the constitutionality of such adjudication in federal court before such adjudication concludes. What some had billed as an attack on the viability of the adminstrative state was not viewed that way by the justices, who all agreed the agencies' attempts to insulate themselves from federal judicial review lacked legal basis.
Justice Elena Kagan wrote the opinion for the Court in Axon v. Federal Trade Commission (which was combined with Securities and Exchange Commission v. Cochran). It is a clear and engaging opinion that makes the underlying issues readily accessible, even to those with no particular affinity for administrative law. Justice Thomas wrote a separate concurrence, and Justice Gorsuch wrote an opinion concurring in the judgment.
The introduction to Justice Kagan's opinion lays out the issues rather clearly:
