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Supreme Court Leaves In-House Judges in Limbo Governmentwide

June 21, 2018, Bloomberg Law

David Kornblau is quoted in a Bloomberg Law article regarding the Supreme Court's ruling that SEC in-house judges are constitutional officers, a decision that left open the status of 1,900 other officials in similar roles at agencies including the Federal Energy Regulatory Commission, National Labor Relations Board, and the Environmental Protection Agency. Because the court didn’t decide whether the SEC’s November 2017 ratification was an acceptable cure, “it’s possible that hearings that occurred after that ratification date will also have to be reheard before properly appointed ALJs,” says Kornblau. The court was clear that any challenges to the constitutionality of appointments must be timely, meaning that “cases that had become final will probably be immune to an effort to reopen them."

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