Replies to post #92150 on Bioelectronics Corp (BIEL)

[Det_Robert_Thorne]

DC Court says he was legally appointed

The DC Court of Appeals says Elliot and the other ALJs are employees of the SEC, and therefore legal under the Appointments Clause of the Constitution, while the 10th Circuit CoA in Colorado says they're appointments, and therefore are in violation.

That's why it's likely that this case will be brought before the Supreme Court.

The thing is, according to academic studies, 10th Circuit rulings are overturned more often than those of the DC Circuit.

Meanwhile, Judge Elliot's jurisdiction over the case continues as he awaits the Divisions Response to BIEL's motion to correct errors in the Initial Decision.