Saul, 20-105, both involve an issue of particular concern given the court’s recent interest in separation of powers: whether a claimant seeking disability benefits under the Social Security Act forfeits an appointments clause challenge to the appointment of the administrative law judge overseeing his or her case by failing to present that challenge during administrative proceedings. [read post]

As a consequence, the appointment of Stevens’ successor by a Democratic President with a Democratic Senate is unlikely to shift the Court’s rulings on most important social issues, such as abortion, affirmative action, religion, and gay rights. [read post]