Tag Archives: Lucia v SEC

An Exceptional Case, by Neil Kinkopf

by Guest Blogger — Wednesday, Apr. 4, 2018

SEC v. Lucia is an extraordinary case in several respects.  First, it is an Appointments Clause case.  When I worked in the Office of Legal Counsel (from 1993-1997), we handled Appointments Clause issues on an at least weekly basis.  In striking contrast, the Supreme Court has only rarely opined on the meaning of the Clause.  […]

A Shared Power to Appoint ALJs?

by Emily Bremer — Wednesday, Apr. 4, 2018@emilysbremer

A key question on every adlaw geek’s mind is how the Supreme Court’s decision in Lucia might affect the process for appointing Administrative Law Judges (ALJs).  What if the Supreme Court holds that ALJs are inferior officers who must be appointed in compliance with Article II’s Appointments Clause?  What implications, if any, would this have for […]

Who cares about law? Why the arguments in the amicus curiae’s brief may win the day, by Linda Jellum

by Guest Blogger — Tuesday, Apr. 3, 2018

The Supreme Court is poised to hear arguments in Raymond J. Lucia v. SEC on Monday, April 23, 2018. The sole issue for which cert was granted is whether administrative law judges (ALJs) of the Securities and Exchange Commission (SEC) are officers of the United States within the meaning of the Federal Constitution’s appointments clause. […]

Ode to the Assistant Doorkeeper of the House of Representatives, by James Heilpern

by Guest Blogger — Monday, Apr. 2, 2018

In February, I submitted an amicus brief to the Supreme Court in the case Lucia v. SEC, arguing that the original public meaning of the term “Officer(s) of the United States” referred to any government employee exercising non-negligible federal power. While I submitted the brief on behalf of a fifteen corpus linguistics scholars, in a […]

The Consequences of Missing Appointments, by Kent Barnett

by Guest Blogger — Monday, Apr. 2, 2018

If the Supreme Court decides in Lucia v. SEC that the SEC’s administrative law judges are officers, what are the implications on other cases at the SEC (or similarly situated agencies)? The effect will likely differ depending on whether other cases have become final or are still pending before the agency or a court. Here, […]

Appointments Clause Symposium on Lucia v. SEC: Are SEC ALJs “Officers of the United States”?

by Jennifer Mascott — Monday, Apr. 2, 2018@jennmascott

Starting today, for the next two weeks the Notice & Comment blog will run a symposium addressing the Supreme Court’s upcoming consideration of the constitutionality of hiring procedures for administrative law judges in the Securities and Exchange Commission. On Monday, April 23, the Supreme Court will hear oral argument in Lucia v. SEC, which raises […]