Problem
Willie Earl Carr sought disability benefits from the Social Security Administration ("SSA"), but an administrative law judge ("ALJ") denied his claim and the agency's Appeals Council declined to review the decision. Carr appealed to a federal district court. While his case in the district court was pending, the U.S. Supreme Court held, in Lucia v. Securities and Exchange Commission, that Securities and Exchange Commission ALJs are "inferior officers" under the Appointments Clause of Article II of the U.S. Constitution, and as inferior officers, they must be appointed by the President, a court, or the head of the agency.
In response to Lucia, the SSA Commissioner appointed the SSA's ALJs. After these appointment actions, Carr raised a claim for the first time that the ALJs who had rejected their claims had not been properly appointed under the Appointments Clause.
The SSA Commissioner argued that Carr waived the Appointments Clause challenge by failing to raise it earlier.
a) Highlight the pertinent facts;
b) Identify the issue of law posed by the case problem. This will be in the form of a question based on a legal concept from the chapter.
c) What should be the decision in the case? (i.e. the answer to the issue)
d) The reasoning for such decision.