Sale of Law

The parties in both cases are alleging that these removal limitations for both SEC and FTC administrative law judges are unconstitutional. So there's like threshold reviewability question, but the substantive constitutionality question about whether these positions of ALJ are constitutional has the potential to further advance a project we've talked about on this podcast. The Harvard case deals with a statutory challenge to the use of affirmative action,. The UNC case deals with whether the equal protection clause permits public schools like the University of North Carolina to consider race as part of its admissions processes.