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Freytag Vs. Commissioner
Cites for this judgment
- US Supreme Court
- Jun 27, 1991
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U.S. 868 (1991) U.S. Supreme Court Freytag v. CommissionerSearch
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U.S. 868 (1991) Freytag v. CommissionerSearch
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Page 501 U. S. 869 may be considered, even though petitioners consented to the assignment. See Glidden Co. v. ZdanokSearch
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refers only to executive divisions like Cabinet-level departments. United States v. GermaineSearch
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Congress has wide discretion to assign the task of adjudication to legislative tribunals, see, e.g., 26 U. S. v. CanterSearch
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of a statute unambiguous, judicial inquiry should be complete except in rare and exceptional circumstances. Demarest v. ManspeakerSearch
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Hallstrom v. TillamookSearch
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b)(1), (2), and (3) a nullity. In support of this argument, petitioners rely on this Court's decision in Gomez v. UnitedSearch
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Pennsylvania Dept. of Public Welfare v. DavenportSearch
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Brief any citation in this list with AI Studio
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U. S. 552 , 495 U. S. 562 (1990). See also Automobile Workers v. JohnsonSearch
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generally focuses on the danger of one branch's aggrandizing its power at the expense of another branch. See Mistretta v. UnitedSearch
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however, has exercised its discretion to consider nonjurisdictional claims that had not been raised below. See Grosso v. UnitedSearch
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And in Lamar v. UnitedSearch
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need not be selected in compliance with the strict requirements of Article II. Buckley v. ValeoSearch
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The Tax Court so concluded in First Western Govt. Securities, Inc. v. CommissionerSearch
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T.C. 549, 557-559 (1990), and the Court of Appeals for the Second Circuit in Samuels, Kramer & Co. v. CommissionerSearch
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or employees. Cf. Go-Bart Importing Co. v. UnitedSearch
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cl. 2, and the duties, salary, and means of appointment for that office are specified by statute. See Burnap v. UnitedSearch
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appointment. Cf. Morrison v. OlsonSearch
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assign the task of adjudication in cases arising under federal law to legislative tribunals. See, e.g., 26 U. S. v. CanterSearch
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Williams v. UnitedSearch
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upon legislative courts . . . is plainly apparent from the opinion of Chief Justice Marshall in American Insurance Co. v. CanterSearch
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Nothing in Buckley v. ValeoSearch
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Northern Pipeline Constr. Co. v. MarathonSearch
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Mistretta, 488 U.S. at 488 U. S. 401 , quoting Youngstown Sheet & Tube Co. v. SawyerSearch
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A). See Motor Vehicle Mfrs. Page 501 U. S. 892 Assn. v. StateSearch
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Appellee in No. 89-4436 et al., pp. 47-51. It abandoned that position in the later case of Samuels, Kramer & Co. v. CommissionerSearch
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nor do I see any other exceptional circumstance in the present case. Cf. Peretz v. UnitedSearch
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Yakus v. UnitedSearch
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United States v. Socony-VacuumSearch
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to appellate review. Cf. Wainwright v. SykesSearch
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but if the litigant does not assert them in a timely fashion, he is foreclosed. See, e.g., Head v. NewSearch
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Levine v. UnitedSearch
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must be noticed sua sponte by a court, at all points in the litigation, see, e.g., American Fire & Casualty Co. v. FinnSearch
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Mansfield, C. & L. M. R. Co. v. SwanSearch
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Capron v. VanSearch
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that a subject matter jurisdictional limitation (structural or not) was ignored. See, e.g., Insurance Corp. of Ireland v. CompagnieSearch
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Petitioners place primary reliance on some broad language in Commodity Futures Trading Comm'n v. SchorSearch
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context of non-Article III tribunals is quite natural, whether or not it is analytically required. Cf., e.g., Clapp v. CommissionerSearch
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Petitioners only other appeal to precedent is Glidden Co. v. ZdanokSearch
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cannot be waived. Surely under our jurisprudence the so-called negative Commerce Clause is structural. See Dennis v. HigginsSearch
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to petitioners, it emanates from the structural rights themselves. Yet only last Term, in Jimmy Swaggart Ministries v. BoardSearch
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result of petitioner's failure to raise it in his administrative proceeding for tax refund. And in G. D. Searle & Co. v. CohnSearch
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routinely applied the ordinary rules of forfeiture to structural claims not raised below. See, e.g., United States v. DoremusSearch
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