This Note argues that SEC ALJs are inferior officers of the United States and, as a result, are unconstitutional under the Appointments Clause. Part I examines the current state of ALJs and the jurisprudence of the Appointments Clause. Part II provides an analysis of the circuit split between the Tenth and D.C. Circuits over the question of SEC ALJs and the Appointments Clause. Part III argues that the Tenth Circuit in Bandimere v. SEC correctly decided the question presented. This Part further urges the Supreme Court to reverse the D.C. Circuit’s holding in Lucia and, in so doing, adhere to its correctly decided past doctrine, notwithstanding the potential ramifications for the administrative state.
Jackson C. Blais,
Mischief Managed? The Unconstitutionality of SEC ALJs Under the Appointments Clause,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol93/iss5/11