DC Circuit: ALJ’s Are Not Constitutional “Officers”

Also on August 9, 2016, the U.S. Court of Appeals for the DC Circuit held that the administrative law judges (ALJ) employed by the Securities and Exchange Commission were not “Officers” as that term is employed by the Constitution because their actions were also subject to review by the Commission.  Since they are not constitutional officers, their decisions cannot be set aside simply because they were not appointed in accordance with the Appointments Clause. This case is Raymond J. Lucia Companies, Inc., et al., v. SEC.  This ruling would appear to apply to many ALJS employed by the federal government.

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