David Rivkin, Andrew Grossman Author Commentary on Legitimacy of SEC's Administrative Law Judges

Articles / April 25, 2018

Partners David Rivkin and Andrew Grossman authored a commentary published April 22, 2018, by The Wall Street Journal. The article, “Unappointed ‘Judges’ Shouldn’t Be Trying Cases,” makes the argument that administrative law judges who conduct adversarial proceedings at the Securities and Exchange Commission should be appointed according by the agency’s principal officers or a Cabinet secretary rather than selected by lower-ranking employees. The U.S. Supreme Court recently heard arguments on this Appointments Clause issue in the matter of Lucia v. Securities and Exchange Commission.

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