Thursday, October 04, 2018 8:51:40 AM
https://en.wikipedia.org/wiki/Lucia_v._SEC
The Court ruled on June 21, 2018, in a 7–2 decision affirming Lucia's statement that ALJs are officers of the United States, since they are being effectively being given judicial power, and thus must be appointed by the President or a delegated officer.[6] The Court ruled that Lucia must now be due a new hearing before a different, properly appointed officer from the SEC, but otherwise did not comment on any other aspect of Lucia's case.[9] The majority opinion was written by Justice Elena Kagan and joined by Justices John Roberts, Anthony Kennedy, Clarence Thomas, Samuel Alito, and Neil Gorsuch. Justice Thomas also wrote a concurring opinion, joined by Gorsuch. While this decision is expected to allow any entity with a pending case before an SEC ALJ to request a new ruling, the ruling was crafted as to prevent completed cases from being reopened, or if this would apply to cases open at other agencies besides the SEC.[11]
Justice Stephen Breyer concurred in part with the judgment and dissented in part, with Justices Ruth Bader Ginsburg and Sonia Sotomayor joining in his dissent; Breyer agreed with the need for ALJ's to be treated as officers, but disagreed for the need of reviewing the judgement passed by ALJ Elliot, believing there was no reason to doubt the judgment. Ginsburg wrote the dissenting opinion, joined by Sotomayor, stating that ALJs should not be treated as officers as their judgments are not treated as final and binding.[11]
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