Monday, January 09, 2017 11:30:32 AM
"Because the SEC ALJ was not constitutionally appointed, he held his office in violation of the Appointments Clause," the majority said.
Five SEC ALJs Just Lost Their Jobs
The court said the Appointments Clause. U.S. Const. art. II, § 2, cl. 2, mandates that inferior officers -- who report to higher officers -- must be appointed by the President, a court, or a department head. In this case, the SEC argued that its five ALJs were employees rather than inferior officers.
The appeals court disagreed, citing criteria defining a tax court judge as an inferior officer in Freytag v. Commissioner of Internal Revenue, 501 U.S. 868 (1991). The Tenth Circuit majority, Judges Mary Beck Briscoe and Scott M. Matheson, Jr., said the SEC ALJs fit the definition, and so their appointments were not constitutional.
- See more at: http://blogs.findlaw.com/tenth_circuit/2017/01/appeals-court-strikes-alj-appointments.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FindLawLPNews+(FindLaw+News+for+Legal+Professionals#sthash.TjvwO8ld.dpuf
Glidelogic Corp. Becomes TikTok Shop Partner, Opening a New Chapter in E-commerce Services • GDLG • Jul 5, 2024 7:09 AM
Freedom Holdings Corporate Update; Announces Management Has Signed Letter of Intent • FHLD • Jul 3, 2024 9:00 AM
EWRC's 21 Moves Gaming Studios Moves to SONY Pictures Studios and Green Lights Development of a Third Upcoming Game • EWRC • Jul 2, 2024 8:00 AM
BNCM and DELEX Healthcare Group Announce Strategic Merger to Drive Expansion and Growth • BNCM • Jul 2, 2024 7:19 AM
NUBURU Announces Upcoming TV Interview Featuring CEO Brian Knaley on Fox Business, Bloomberg TV, and Newsmax TV as Sponsored Programming • BURU • Jul 1, 2024 1:57 PM
Mass Megawatts Announces $220,500 Debt Cancellation Agreement to Improve Financing and Sales of a New Product to be Announced on July 11 • MMMW • Jun 28, 2024 7:30 AM