'Officers' in the Supreme Court: Lucia v. SEC

35 Pages Posted: 4 Nov 2018 Last revised: 14 Dec 2018

Date Written: September 17, 2018


This article appeared in the Cato Supreme Court Review addressing the Court's October Term 2017. The article addresses the Court's June 2018 opinion in Lucia v. SEC, which held that administrative law judges in the Securities and Exchange Commission are "Officers of the United States" within the meaning of the Constitution's Appointments Clause. Significant portions of this article are based on my earlier study of the original meaning of the Appointments Clause that the Stanford Law Review published in February 2018, see 73 Stan. L. Rev. 443 (2018).

Keywords: Constitution, Administrative Law, Originalism, Appointments Clause, Administrative Law Judges, Securities and Exchange Commission

JEL Classification: K10

Suggested Citation

Mascott, Jennifer, 'Officers' in the Supreme Court: Lucia v. SEC (September 17, 2018). Cato Supreme Court Review, 2017-2018, George Mason Legal Studies Research Paper No. LS 18-33, Available at SSRN: https://ssrn.com/abstract=3265174

Jennifer Mascott (Contact Author)

Catholic Law School ( email )

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