It may be hard for the U.S. Supreme Court to turn this one down.
A recent decision by the U.S. Court of Appeals for the Tenth Circuit declaring that the way the Securities and Exchange Commission appoints administrative law judges violates the Constitution sets up a clean split among the circuits and may implicate the validity of administrative proceedings in other areas of government.
In Bandimere v. U.S. Securities and Exchange Commission, 15-9586, a divided court agreed with Colorado businessman David Bandimere that the ALJ who kicked him out of the securities industry and ordered him to pay financial penalties was appointed in violation of the Appointments Clause.
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