ARNOLD F. SOCK, Attorney at Law, Opines on: A Narrow U.S Supreme Court Ruling In Lucia Raises Questions For the Securities and Exchange Commission
The U.S. Supreme Court’s “narrow” ruling that U.S. Securities and Exchange Commission administrative law judges are inferior officers subject to the appointments clause of the U.S. Constitution leaves open the question of how the Securities and Exchange Commission, as well as other federal agencies that use Administrative Law Judges (U.S. Supreme Court Raymond J. Lucia, et al., Petitioners v. Securities and Exchange Commission. U.S. 17-130)
This will affect the resolution of cases handled by improperly appointed judges.
In a majority opinion in Lucia v. the SEC written by Justice Elena Kagan, the high court said SEC ALJs need to be appointed by the president or the head of an excutive agency, and be subject to confirmation.
ARNOLD F. SOCK, Attorney at Law, belives that Administratvie Law Judges are subject to the Appointments Clause of the U.S. Constitution and applauds the decisiton of the majority opinion justices.