Tag Archives: Appointments Clause

SCOTUS Opinion: Appointments Clause Requires Administrative Patent Judge Decisions To Be Reviewable

The Appointments Clause of the Constitution requires principal officers of the Executive Branch be nominated by the President and approved by the Senate. In United States v. Arthrex, Inc., the issue was whether Administrative Patent Judges (APJs), who issue decisions on the validity of patents on behalf of the Executive Branch, as appointed by the Secretary of Commerce, were constitutional ... Read More

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

SCOTUS Opinion: Court Upholds Puerto Rico’s Financial Oversight and Management Board Against Appointments Clause Challenge

After Puerto Rico suffered a fiscal crisis starting in 2006, Congress enacted the Puerto Rico Oversight, Management, and Economic Stability Act, creating a Financial Oversight and Management Board that would be able to file bankruptcy on behalf of Puerto Rico or its instrumentalities, among other things, to regain financial stability. The members of the Board were to be appointed by ... 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