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Home / Opinion Digests / Company waited too long to assert Appointments Clause challenge (access required)

Company waited too long to assert Appointments Clause challenge (access required)

Where a company twice failed to assert an Appointments Clause challenge to an administrative law judge, or ALJ, or to the Benefits Review Board, it forfeited its ability to raise that argument at the eleventh-hour. Background After Austine Salmons filed a benefits claim in this black lung case, an ALJ and the Benefits Review Board both determined ...