Andrew Johnson v. District of Columbia Public Schools, et al.

Whether, in light of Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), which requires courts to exercise independent judgment on questions of law rather than defer to agency determinations, an appellate court violates the Due Process Clause of the Fifth Amendment when it applies deferential “sub­ stantial evidence” review—rather than de novo review— to determine whether an administrative agency complied with specific legal directives contained in a prior judi­ cial remand order.

Whether de novo review is constitutionally required when an appellate court reviews a govern­ ment agency’s compliance with specific legal findings contained in a prior judicial remand order, such that applying deferential review effectively nullifies the reviewing court’s prior legal determinations and renders judicial remand orders unenforceable against govern­ ment agencies.