By: Derek Hawkins//July 11, 2018//
United States Supreme Court
Case Name: Lucia, et al. v. Securities and Exchange Commission
Case No.: 17-130
Focus: Statutory Interpretation – Appointments Clause
The Appointments Clause of the Constitution lays out the permissible methods of appointing “Officers of the United States,” a class of government officials distinct from mere employees. Art. II, §2, cl. 2. This case requires us to decide whether administrative law judges (ALJs) of the Securities and Exchange Commission (SEC or Commission) qualify as such “Officers.” In keeping with Freytag v. Commissioner, 501 U. S. 868 (1991), we hold that they do.
Reversed and Remanded
Dissenting: SOTOMAYOR, J., filed a dissenting opinion, in which GINSBURG, J., joined. BREYER, J., filed an opinion concurring in the judgment in part and dissenting in part, in which GINSBURG and SOTOMAYOR, JJ., joined as to Part III.
Concurring: THOMAS, J., filed a concurring opinion, in which GORSUCH, J., joined. BREYER, J., filed an opinion concurring in the judgment in part and dissenting in part, in which GINSBURG and SOTOMAYOR, JJ., joined as to Part III.