The Supreme Court ruled Thursday that the way the Securities and Exchange Commission hired its administrative law judges is unconstitutional, a decision that will have an effect on hundreds of similar judges throughout the Trump administration.
In particular, the National Labor Relations Board, the federal government’s main labor law enforcement agency, could face numerous challenges to cases it is pursuing as a result of the 7-2 decision in Lucia v. Securities and Exchange Commission. The board uses administrative law judges who perform similar functions to the ones at the SEC.
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