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Trump Issues Post-Lucia Order Nixing Exams For ALJs

Law360 (July 10, 2018, 7:27 PM EDT) -- President Donald Trump on Tuesday issued an executive order eliminating the competitive examination and selection procedures for appointing administrative law judges, citing “sound policy reasons” for making the exception in the wake of the U.S. Supreme Court’s Lucia v. SEC ruling last month.

The high court in June held that ALJs for the U.S. Securities and Exchange Commission were “inferior officers” who need to be appointed by the president or heads of an agency, rather than regular federal employees hired through the civil service process.

But by...
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