Home / Expert Opinion / White Collar Corner: Supreme Court decides SEC “judges” were unconstitutionally appointed, leaves other questions unanswered

White Collar Corner: Supreme Court decides SEC “judges” were unconstitutionally appointed, leaves other questions unanswered

The U.S. Supreme Court recently ruled that Administrative Law Judges (ALJs) of the U.S. Securities and Exchange Commission (SEC or Commission) are “Officers of the United States” whose appointments must be made in accordance with the Appointments Clause of the U.S. Constitution. The Court’s decision in Lucia v. SEC, 138 S. Ct. 2044 (2018), requires ...

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