United States Second Circuit

In an action brought by investment firms that are defendants in an onging administrative proceeding initiated by the SEC and conducted by an administrative law judge (ALJ), seeking to enjoin the proceeding before its completion on the theory that the ALJ's appointment violate the Appointments Clause of Article II of the U.S. Constitution, the District Court's dismissal of the suit for lack of jurisdiction is affirmed where Congress implicitly precluded federal jurisdiction over the claim while the SEC's proceeding remains pending.

Appellate Information

• Published 2016/06/01

Judges

• SACK

Court

• United States Second Circuit

Counsel