This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Supreme Court,
Securities,
Government,
Administrative/Regulatory

Jun. 22, 2018

Supreme Court invalidates SEC’s use of administrative law judges

The U.S. Supreme Court invalidated the Security and Exchange Commission’s use of administrative law judges in a 7-2 decision, overturning the status quo in the agency’s enforcement proceedings and creating a deluge of unanswered questions.

Supreme Court invalidates SEC’s use of administrative law judges
U.S. Supreme Court Justice Elena Kagan, seen here in New York in 2016, wrote the 7-2 opinion that overturns the status quo of Securities and Exchange Commission enforcement proceedings.

The U.S. Supreme Court invalidated the Securities and Exchange Commission’s use of administrative law judges in a 7-2 decision that upends the agency’s enforcement proceedings and creates a host of questions.

The ruling could impact cases going back decades, and its scope is still unclear. Defendants who have received unfavorable rulings from the commission’s in-house judges are expected to race to the courthouse in an attempt to ha...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up