• Home
  • About
  • ‘Enforcement 40’ for 2020
  • Webcasts
  • Enforcement Hall of Fame
  • Contact
Securities Docket
Experts in Risk
  • Class Actions
  • Criminal
  • Events
  • Features
  • Global
  • People
  • SEC
Browse: Home / 2017 / January / 03 / S.E.C.’s In-House Judges Face Supreme Court Scrutiny – The New York Times

S.E.C.’s In-House Judges Face Supreme Court Scrutiny – The New York Times

By Securities Docket on January 3, 2017, 6:22 pm

The United States Court of Appeals for the 10th Circuit in Denver ruled last week in Bandimere v. S.E.C. that the method for hiring the administrative judges was unconstitutional because they were “inferior officers” who must be selected by the S.E.C.’s commissioners rather than brought in as regular employees of the agency. This is the opposite of the conclusion reached by the federal appeals court in Washington in August in Lucia v. S.E.C., which held that their appointments did not violate the Constitution because they were only employees who could be hired like anyone else at the agency.

It is hard to get a starker contrast than that, which is why the Supreme Court is likely to step in to decide which label applies to the judges to determine whether the Appointments Clause applies.

via S.E.C.’s In-House Judges Face Supreme Court Scrutiny – The New York Times

Posted in SEC, Top | Tagged ALJs

« Previous Next »

Subscribe

‘Enforcement 40’ for 2020

The inside story behind the collapse of Queensland Nickel

Our Sponsors

Securities-Docket_260x125_14Sec Ankura 260x125

Join Us On LinkedIn

Join the Securities Litigation and Enforcement Group on LinkedIn

Archives

Copyright © 2023 Securities Docket.

  • Home
  • About
  • ‘Enforcement 40’ for 2020
  • Webcasts
  • Enforcement Hall of Fame
  • Contact
  • Criminal
  • Class Actions
  • Features
  • Global
  • People
  • SEC
  • Events