In March 2018, Administrative Law Judge (ALJ) Mark Solomon conducted a hearing regarding plaintiff Mollie Marie Flinton’s Social Security application. He had not been properly appointed at this time in compliance with the Constitution’s Appointment Clause, yet still issued a decision denying her benefits. After the U.S. District Court for the Southern District of New York remanded Flinton’s case to the Social Security Administration (SSA) for a near hearing in 2020, Flinton again appeared before ALJ Solomon for a hearing in August 2021. This time, however, ALJ Solomon had been ratified by the Commissioner of Social Security, now in compliance with the Constitution’s Appointment Clause. Pertinent to the case is the June 2018 Supreme Court decision in Lucia v. SEC, where the court held that ALJs of the SEC are “Officers of the United States” within the purview of the Constitution’s Appointments Clause. Since they were “inferior officers,” only “the President, a court of law, or a head of department” could properly appoint them to their positions.

8 U.S.C. §1326 is a federal statute enacted in 1996 concerning the “reentry of removed aliens.” This statute provides a legal framework for non-citizen immigrants, referred to as aliens, who have been deported from the United States and wish to return or have already re-entered. 8 U.S.C.A. § 1326. This statute states that it is a federal offense for any non-citizen immigrant to attempt to re-enter, successfully re-enter, or be found in the United States after removal. See id.

In 1996, Congress passed the Telecommunications Act, overhauling communications law for the first time in decades. In this statute, Congress directed the FCC to establish a Universal Service Fund—a subsidy program aimed at achieving robust, nationwide telecommunication service. 47 U.S.C. § 254. The act describes principles for achieving universal service (such as telecommunications and internet service), including access to advanced services for schools, rural health care facilities, and libraries. Id. at § 254(b).