Don't Overturn Longtime ALJ Practice, SEC Urges DC Circ.

Law360, New York (April 3, 2017, 2:57 PM EDT) -- The U.S. Securities and Exchange Commission on Friday urged the full D.C. Circuit to reject a challenge to the constitutionality of the agency’s in-house judges, saying there’s no basis for overturning a decades-long administrative practice, after the appellate court agreed to rehear the case.

A D.C. Circuit panel had ruled last year that the SEC’s administrative law judges don’t serve in violation of the appointments clause of the U.S. Constitution, rejecting a challenge brought by investment adviser Raymond J. Lucia, but the full appellate court vacated...
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