Justices hear oral argument on constitutionality of SEC ALJs

By Rodney F. Tonkovic, J.D.The Supreme Court has heard oral argument in Raymond Lucia's case disputing the constitutionality of the SEC’s administrative law judges. Lucia has asked the court to reverse a D.C. Circuit holding that the ALJ’s are employees beyond the reach of the Appointments Clause. Following a change of administration, the Solicitor General makes the same case. Finally, in defense of the current system, a court-appointed amicus defends the judgment below, arguing that the SEC's ALJs are employees, not officers, because they do not exercise significant authority with the power to bind the government or others in their own name (Lucia v. SEC, April 23, 2018). ALJs are officers. Mark Perry, on behalf of Lucia, opened by stating that SEC ALJs are officers under all the Court's precedents. He was quick to point out that the petitioner's stance is that the ALJs are inferior officers, but not employees, because their work is supervised…

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