Tag Archives: Supreme Court

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 […]

Missing History in the Court-Appointed Amicus Brief in Lucia v. SEC

by Jennifer Mascott — Wednesday, Mar. 28, 2018@jennmascott

This week the amicus appointed to advocate for the lower-court judgment in Lucia v. SEC filed his brief. The case addresses whether administrative law judges in the SEC are Article II “Officers of the United States” subject to the Constitution’s Appointments Clause requirements. U.S. Const. art. II, § 2. Court-appointed amicus, Mr. Metlitsky, technically supports […]

Upcoming Symposium, 4/2-4/13: The Supreme Court’s Consideration of Whether SEC ALJs are “Officers” Subject to Appointments Clause Requirements (Lucia v. SEC)

by Jennifer Mascott — Monday, Mar. 26, 2018@jennmascott

Regular readers of this blog may have been following along with us here at “Notice and Comment” as we have reported on the twists and turns of litigation challenging the constitutionality of hiring procedures for administrative law judges in the Securities and Exchange Commission. On April 23, the litigation’s fascinating path will culminate in Supreme […]

Revisiting the Record on Removal

by Jennifer Mascott — Monday, Mar. 5, 2018@jennmascott

In April, the Supreme Court will hear oral argument in Lucia v. SEC to consider whether administrative law judges (ALJs) in the Securities and Exchange Commission (SEC) are “Officers of the United States.” If they are, the ALJs are subject to the Appointments Clause, requiring them to be appointed by the President, a department head, […]

Will the Supreme Court Revisit Deference Doctrines This Term?

by Jennifer Mascott — Friday, Oct. 6, 2017@jennmascott

Yesterday in his Supreme Court Relist Watch, John Elwood highlighted the Supreme Court’s unusual action this past summer on a cert petition regarding Chevron deference. Mr. Elwood observed that the Supreme Court relisted—again— Scenic America, Inc. v. Department of Transportation, 16-739, which garnered attention this summer when the court called for a reply . . […]

Register to Attend a Discussion of “The Year Ahead: Regulation in the Supreme Court and the Circuits”

by Jennifer Mascott — Tuesday, Sept. 12, 2017@jennmascott

On Friday, September 29, the Hoover Institution and the Antonin Scalia Law School’s Center for the Study of the Administrative State will host a lunchtime panel discussion on circuit court and Supreme Court litigation in the coming Term that may impact the landscape of administrative law.  With the advent of Justice Gorsuch to the Supreme […]

What 2016 Gorsuch Opinions Could Mean for 2017 Re-Argument in Sessions v. Dimaya

by Michael Kagan — Monday, July 3, 2017@MichaelGKagan

At the end of its term, a shorthanded and evidently evenly divided Supreme Court scheduled two immigration cases for re-argument next term when nine justices can hear the cases. Of the two, Sessions v. Dimaya stands out because the ninth and newest justice has very recently issued opinions that seem to bear directly on key […]

Clarence Thomas the Questioner

by Aaron Nielson — Tuesday, Nov. 1, 2016@Aaron_L_Nielson

Here is a bit of trivia: Did you know that Justice Clarence Thomas once spent nearly 10 minutes asking questions during a single session of oral argument? It’s true–in NASA v. FLRA, argued in 1999. The case concerned the role of agency inspector generals. Thomas, of course, headed a federal agency, and so knows how […]

A Sleeper Auer Case

by Andrew Hessick — Tuesday, Aug. 23, 2016@andyhessick

Auer deference — the deference an agency receives when interpreting its own regulations — is one of the most powerful tools for the government in administrative law. But the doctrine has faced increasing criticism. Opponents have argued that the doctrine enables agencies to circumvent procedural safeguards by promulgating vague rules through notice and comment and […]

​D.C. Circuit Review – Reviewed: Why does the Supreme Court’s Term End in June?

by Aaron Nielson — Sunday, July 3, 2016@Aaron_L_Nielson

June has come to an end, the Justices have dispersed, and once more, in the words of a young John Roberts, “the Constitution is safe for the summer.” Every year, the Supreme Court rushes to finish up its work before the Fourth of July. And then the Justices are off to Austria, Malta, Arkansas, Italy, […]