"Officers" in the Supreme Court: Lucia v. SEC

• Author(s): Jennifer Mascott
• Posted: 9-2018
• Legal Studies #: 18-33
• Availability: Full text (most recent) on SSRN

ABSTRACT:

This article appeared in the Cato Supreme Court Review addressing the Court's October Term 2017. The article addresses the Court's June 2018 opinion in Lucia v. SEC, which held that administrative law judges in the Securities and Exchange Commission are "Officers of the United States" within the meaning of the Constitution's Appointments Clause. Significant portions of this article are based on my earlier study of the original meaning of the Appointments Clause that the Stanford Law Review published in February 2018, see 73 Stan. L. Rev. 443 (2018).