Securities and Exchange Commission (SEC), Appointments Clause, Petition for Writ of Certiorari

Supreme Court Denies Certiorari to Decide FINRA Authority

Venable LLP on 6/25/2025

On June 2, 2025, the Supreme Court denied a petition for writ of certiorari filed by Alpine Securities Corporation challenging a D.C. Circuit ruling granting only limited, preliminary relief to Alpine. Alpine argued that...more

SEC in Constitutional Danger Zone Following Several Recent Decisions

Holland & Knight LLP on 6/3/2022

The constitutional spotlight is shining on the U.S. Securities and Exchange Commission (SEC). In the last several weeks, the U.S. Supreme Court agreed to hear a case seeking broader federal jurisdiction for constitutional...more

Inside the Courts – An Update From Skadden Securities Litigators - September 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 9/28/2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between May 2018 and August 2018.... US Supreme Court - Supreme Court Holds That SEC Administrative Law Judges...more

DOJ sides with Lucia against the SEC in dispute over whether ALJs are inferior officers

Ballard Spahr LLP on 12/12/2017

The Supreme Court is considering a cert petition requesting that it hear the Lucia case, which we have blogged about extensively due to its potential impact on the outcome of the PHH case. Significantly, the DOJ recently...more

In Reversal, SEC Agrees That Its Administrative Law Judges Are Inferior Officers That Require Commission Appointment, But Still...

A&O Shearman on 12/12/2017

On November 29, 2017, the U.S. Solicitor General submitted a brief to the United States Supreme Court in Lucia v. Securities and Exchange Commission, No. 17-130, urging the Court to grant certiorari and resolve a circuit...more

The SEC Urges Supreme Court Review Of The Constitutionality Of Its Administrative Law Judges

Orrick, Herrington & Sutcliffe LLP on 12/8/2017

On November 29, 2017, the Solicitor General filed a brief on behalf of the Securities and Exchange Commission (the "Commission") in Raymond J. Lucia et al. v. Securities and Exchange Commission, No. 17-130, asking the Supreme...more