Supreme Court Ruling That ALJs Are Unconstitutional Impacts LHWCA and DBA Claims

A decision today by the United States Supreme Court impacts administrative law judges serving in the Department of Labor who adjudicate claims under the Longshore and Harbor Workers’ Compensation Act and the Defense Base Act. Lucia v. Securities and Exchange Commission On June 21, 2018, the United States Supreme Court issued its decision in Lucia v. Securities and Exchange Commission, which questioned the constitutionality of the SEC’s ALJs. The defendant in the case, who had been charged with securities violations and was found guilty by an ALJ following a hearing, claimed that the system for appointing ALJs is unconstitutional. The Supreme Court ruled that ALJs appointed by the SEC are “Officers of the United States” and therefore subject to the Appointments Clause of the U.S. Constitution. Under that clause, only the President, courts of law, or “Heads of Departments” may appoint officers. Because the SEC’s ALJs were not…

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