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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most