Last week a federal judge ruled the Securities and Exchange Commission's use of an internal administrative judge in a fraud case is "likely unconstitutional."

U.S. District Judge Leigh Martin May, and Obama appointee, ruled to temporarily stop a claim against an Atlanta-based real estate investor that was set to go before an SEC administrative hearing in coming days.

The SEC charged the developer, Charles Hill, with insider trading last February, according to reporting in the Wall Street Journal.

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