ABSTRACT

Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges [January 16, 2018]   [open pdf - 518KB]

"On Friday, the Supreme Court granted certiorari in 'Lucia v. Securities and Exchange Commission (SEC)' to decide whether administrative law judges (ALJs) within the SEC are 'Officers of the United States' (officers) who must be appointed in accordance with the Appointments Clause of Article II of the Constitution. If the Supreme Court holds that SEC ALJs are officers, its conclusion could call into question the validity of prior decisions rendered by SEC ALJs (whose initial hiring did not comport with the Appointments Clause) and may have broader implications for ALJs in other federal agencies. This Sidebar provides an overview of the case by first discussing the Appointments Clause and the key decisions leading up to the Court's review, and then highlighting the relevant arguments and considerations before the Supreme Court."

Report Number:
CRS Legal Sidebar, LSB10061
Author:
Publisher:
Date:
2018-01-16
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
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