United States Supreme Court

Reversed and Remanded. The Securities and Exchange Commission assigned plaintiffs matter to an Administrative Law Judge for enforcement. Plaintiff argued that the ALJ decision was invalid because the Judge had not be constitutionally appointed. The Supreme Court held that ALJs are officers of the United States and subject to the Appointments Clause; the ALJ in this instance did not have a constitutional appointment. The case was reversed and remanded for another ALJ with a constitutional appointment to hear the matter.

Appellate Information

• Published 2018/06/21

Judges

• Kagan

Court

• United States Supreme Court

Counsel