EGAE, LLC, et al. v. Department of Housing and Urban Development
AdministrativeLaw Arbitration SocialSecurity DueProcess Takings Securities
Whether the Court of Appeals may refuse to consider constitutional issues raised at the administrative level when reviewing the Secretary of Housing and Urban Development's imposition of civil monetary penalties under 12 U.S.C. § 1735f-15(e)
QUESTION PRESENTED 1. In12 U.S.C. § 1735f-15(e), Congress authorized federal Courts of Appeals to take direct review of the Secretary of Housing and Urban Development’s imposition of civil monetary penalties along with “such ancillary issues” as may be raised at the administrative level. Given that scope of review, may the Court of Appeals nonetheless refuse to consider constitutional issues that were raised at the administrative level?