U.S. Supreme Court,
Securities,
Civil Litigation,
Corporate,
Constitutional Law
Dec. 4, 2017
About-face on SEC in-house judges is startling
Trump Justice Department is turning its back on decades of history and process to argue that the Security and Exchange Commission's administrative law judges are "officers" requiring appointment under the appointments clause of Article 2 of the U.S. Constitution.
Ronald E. Wood
1st VP/ Senior Attorney
Brown White & Osborn LLP
333 S Hope St
Los Angeles , CA 90071
Email: rwood@brownwhitelaw.com
OCTOBER 2017 TERM
In what can only be described as a startling about-face, the Trump Justice Department is turning its back on decades of history and process to argue that the Security and Exchange Commission's administrative law judges are "officers" requiring appointment under the appointments clause of Article 2 of the U.S. Constitution. This argument reverses the SEC's long-standing position that these in-house judges, commonly referred to...
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