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Supreme Court Holds That SEC Administrative Law Judges are Unconstitutionally Appointed

By Matthew C. Solomon & Alex Janghorbani on June 26, 2018
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Last week, the Supreme Court ruled in Lucia v. SEC that SEC Administrative Law Judges are “officers” for the purposes of the Constitution’s Appointments Clause.  Not only does the decision require the rehearing of the petitioner’s case, but it leaves unanswered questions for the SEC and other agencies moving forward.  Indeed, another trip up to the Supreme Court on a related constitutional issue involving the ALJs’ civil service protections seems likely.  In the meantime, the SEC and other agencies will be forced to grapple with the legitimacy of their administrative proceedings, potentially impacting their enforcement efforts.

Please click here to read the full alert memorandum.

Photo of Matthew C. Solomon Matthew C. Solomon

Matthew C. Solomon’s practice focuses on securities enforcement and litigation, white-collar criminal defense, and complex commercial litigation.

Read more about Matthew C. SolomonEmail
Photo of Alex Janghorbani Alex Janghorbani

Alexander Janghorbani’s practice focuses on complex securities issues, litigation and enforcement, informed by nearly nine years of service with the U.S. Securities and Exchange Commission.

Read more about Alex JanghorbaniEmail
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Cleary Enforcement Watch
  • Organization:
    Cleary Gottlieb Steen & Hamilton LLP
  • Article: View Original Source

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