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Expert Analysis

Lucia Leaves Many Important Questions Unanswered

By Michael Birnbaum, Jordan Eth, Joel Haims and Craig Martin ( June 25, 2018, 5:30 PM EDT) -- In Lucia v. U.S. Securities and Exchange Commission, Justice Elena Kagan, writing for a six-justice majority, presents the U.S. Supreme Court's decision as both narrow and uncomplicated. "The sole question" the court chose to decide was whether the SEC's administrative law judges, or ALJs, "are 'Officers of the United States' or simply employees of the Federal Government."[1] If officers, the Constitution's appointments clause requires that the president, a court of law, or a head of a department appoint the ALJs, and the commission conceded that its ALJs were not so appointed....

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