[20180420]LSB10061_更新日期：最高法院同意听取SEC行政法法官的宪法质疑.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i UPDATED: Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges Updated April 20, 2018 UPDATE 4/20/2018: The Supreme Court will hear oral argument in Lucia v. SEC on Monday, April 23, 2018. The original post from January 16, 2018, follows below. On Friday, the Supreme Court granted certiorari in Lucia v. Securities and Exchange Commission (SEC) to decide whether administrative law judges (ALJs) within the SEC are “Officers of the United States” (officers) who must be appointed in accordance with the Appointments Clause of Article II of the Constitution. If the Supreme Court holds that SEC ALJs are officers, its conclusion could call into question the validity of prior decisions rendered by SEC ALJs (whose initial hiring did not comport with the Appointments Clause) and may have broader implications for ALJs in other federal agencies. This Sidebar provides an overview of the case by first discussing the Appointments Clause and the key decisions leading up to the Courts review, and then highlighting the relevant arguments and considerations before the Supreme Cour