Supreme Court Agrees To Review SEC's In-House Judges
Law360, New York (January 12, 2018, 3:01 PM EST) -- The U.S. Supreme Court agreed Friday to consider whether the hiring of U.S. Securities and Exchange Commission administrative law judges violates the appointments clause of the Constitution, a case that could call into question the legitimacy of past rulings by the administrative judges.
The high court will resolve a split between the D.C. Circuit and the 10th Circuit over whether ALJs are "inferior officers" or regular federal employees.
The D.C. Circuit found in August 2016 that ALJs are not "inferior officers" who need to be appointed by the president or "head" of a department. The decision upheld an ALJ's sanctions, including...
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