This week, the Supreme Court heard oral argument in CIC Services, LLC v. Internal Revenue Service — a case that has largely flown under the radar but may be one of the most consequential cases of the term. In this case, the Supreme Court will decide whether an individual may be required to violate the law in order to challenge a regulatory requirement.
The answer to that question should be obvious. Ordinarily, people are allowed to challenge a law before putting themselves in peril. And under the statute that governs review of administrative agency action, the Administrative Procedure Act, pre-enforcement review is the norm. Thus, the Supreme Court has long recognized that there is a presumption that a person is entitled to review before they are forced to violate the law.
