Our Website Uses Cookies 


We and the third parties that provide content, functionality, or business services on our website may use cookies to collect information about your browsing activities in order to provide you with more relevant content and promotional materials, on and off the website, and help us understand your interests and improve the website.


For more information, please contact us or consult our Privacy Notice.

Your binder contains too many pages, the maximum is 40.

We are unable to add this page to your binder, please try again later.

This page has been added to your binder.

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."

Share this article: