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ALJ Appointments Issue Now Primed For High Court Review

Law360, New York (July 17, 2017, 3:28 PM EDT) -- “[I]t is ordered and adjudged that the petition for review is denied by an equally divided court.” With that single sentence, the en banc D.C. Circuit in Raymond J. Lucia Cos. v. U.S. Securities and Exchange Commission all but guaranteed that the U.S. Supreme Court will weigh in on a question that has divided circuits and district courts alike: whether administrative law judges (ALJs), who hear most SEC enforcement actions in the first instance, are currently appointed in a manner that complies with the Constitution’s appointments...
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