Is a party seeking judicial review of an administrative action not required to "draw in question" the constitutionality of the action?
MultiRegion, United States of America
The following excerpt is from Preseault v. I.C.C., 853 F.2d 145 (2nd Cir. 1988):
A party seeking judicial review of administrative action may, ordinarily, "draw in question the constitutionality" of the statute under which the agency acted. Fleming v. Nestor, 363 U.S. 603, 607, 80 S.Ct. 1367, 1370, 4 L.Ed.2d 1435 (1960). An order of the ICC based on the plain wording of a statute--even where the constitutionality of the statute is beyond the power of the ICC to adjudicate--is nonetheless a decision
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