About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


13 J. Bus. & Tech. L. Proxy 1 (2019)

handle is hein.journals/jbtprxy13 and id is 1 raw text is: Lucia v. SEC: The Ambiguity of the Appointments Clause Continues, Sending Tremors Coursing Throughout the Administrative State SAMUEL A. SCHWARTZ*© In Lucia v. SEC,1 the Supreme Court considered whether the Appointments Clause2 applies to the administrative law judges (ALJs) of the Securities and Exchange Commission (SEC or Commission). Reversing the decision below, the Court concluded that the ALJs are inferior officers subject to the Appointments Clause.3 Properly understanding the Court's precedent in Freytag,4 the Court correctly applied it to the SEC ALJs.5 However, the Court's narrow holding failed to clarify the meaning of inferior officers under the Appointments Clause, leaving a trail of uncertainty in its wake.6 * J.D. Candidate, 2020, University of Maryland Francis King Carey School of Law. The author wishes to thank all of those that made this paper possible-you know who you are. 0 Samuel A. Schwartz 2019. 1 138 S. Ct. 2044 (2018). 2 U.S. CONST. art. II, § 2, cl. 2. 3 Lucia v. SEC, 138 S. Ct. 2044, 2050 (2018). 4 Freytag v. Comm'r, 501 U.S. 868 (1991). 5 See infra Part IV.A. 6 See infra Part IV.B. Journal of Business & Technology Law Proxy