Unconstitutionally Appointed Administrative Law Judges Continue to Haunt SEC
Topic: Securities Regulation
By Lawrence S. Ebner, a Fellow of the American Academy of Appellate Lawyers and founder of Capital Appellate Advocacy PLLC, a Washington, DC-based appellate litigation boutique.
Legal Backgrounder, February 24, 2017, 4 pages
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A recent Tenth Circuit decision has exacerbated a split among federal courts over whether the method used to appoint Securities and Exchange Commission ALJs violates the Constitutionís Appointments Clause.