Raymond J. Lucia v. Securities and Exchange Commission (U.S. Supreme Court)

The Appointments Clause of the US Constitution requires that “Officers of the United States” be appointed in a specified manner.  The DC Circuit held that administrative law judges of the SEC are not “Officers” subject to the Appointments Clause.  The US Supreme Court granted certiorari, and we filed an amicus brief on behalf of the US Chamber of Commerce arguing that SEC administrative law judges exercise substantial government power and are “Officers” who must be appointed in accordance with the Appointments Clause.


Amicus Brief