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Expert Analysis

Will The Supreme Court Review SEC's In-House Judges?

By Harold Krent (December 6, 2017, 9:14 PM EST) -- Challenges to appointment of U.S. Securities and Exchange Commission administrative law judges have spread across the country. Private parties that have lost on the merits before the SEC have then challenged the legitimacy of those proceedings by asserting that SEC ALJs, as inferior officers, should have been appointed by SEC commissioners instead of by the chief ALJ. Article II of the Constitution provides that inferior officers of the United States can only be appointed by the president, courts of law, or heads of departments, and the SEC conceded that if the ALJs are deemed inferior officers, then the appointments were invalid....

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