Tag Archives: Administrative Law Judges

SCOTUS Opinion: Social Security Administration Administrative Law Judges Subject To Appointments Clause Challenges

In Carr v. Saul, individuals who were denied Social Security benefits after determinations by the SSA’s administrative law judges (ALJs) sought to challenge those results by arguing that the ALJs were not properly appointed under the Appointments Clause of the Constitution as analyzed under Lucia v. SEC, 585 U.S. ___ (2018), which held that SEC ALJs appointed similarly to the ... Read More

Securities And Exchange Commission Administrative Law Judges Are “Officers Of The United States” Under Appointments Clause

The Constitution’s Appointments Clause sets forth certain requirements for appointing “Officers of the United States,” who are more than mere employees of the federal government. The Securities and Exchange Commission (SEC) utilizes Administrative Law Judges (ALJ) to adjudicate administrative proceedings involving violations of securities laws. Those ALJs are not appointed in accordance with the Appointments Clause. When Raymond Lucia was ... Read More