Lucia v. SEC and the status of FERC ALJs

On June 21, 2018, the Supreme Court held that the Securities and Exchange Commission’s (SEC’s) Administrative Law Judges (ALJs) are “officers of the United States” whose appointments are therefore subject to the Appointments Clause of the Constitution for their actions to be valid. [1] This decision by the nation’s highest court naturally raises questions regarding the legitimacy of ALJs in other agencies of the federal government such as the Federal Energy Regulatory Commission (“FERC”). FERC’s ALJs, however, come to their positions in a manner different from that of the SEC and have a...
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