SEC Ratifies ALJs To Conform With Appointments Clause

Law360, New York (November 30, 2017, 8:37 PM EST) -- The U.S. Securities and Exchange Commission on Thursday said it ratified appointments of its administrative law judges in an effort to settle the thorny issue of whether the hiring process of those judges violates the appointments clause of the Constitution.

The appointments were ratified in a vote by the SEC's commissioners, a move that aims to satisfy wording in the appointments clause that allows a category of government employees known as "inferior officers" to be appointed by "heads of departments."

The SEC said ratification of its ALJs should "put to rest" any question of whether the judge's actions lie outside the...

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