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Supreme Court Says SEC In-House Judges Must Be Appointed

Law360 (June 21, 2018, 10:26 AM EDT) -- The U.S. Supreme Court on Thursday held that U.S. Securities and Exchange Commission administrative law judges are “inferior officers” subject to the appointments clause of the Constitution, a decision that could have broad ramifications for an array of federal agencies that employ in-house judges.

The ruling in Lucia v. SEC, an appeal by former investment adviser Raymond J. Lucia of sanctions handed down by an ALJ, resolved a split between the D.C. Circuit and the 10th Circuit over whether the judges are “inferior officers” who need...
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