An issue barreling toward the U.S. Supreme Court made an en banc pit stop at a federal appeals court in Washington, D.C., where judges heard oral arguments on a constitutional challenge targeting the SEC's administrative law judges.

The U.S. Court of Appeals for the D.C. Circuit didn't tip its hand Wednesday but seemed leery of upsetting the current system of ALJs. The case, Lucia v. Securities and Exchange Commission, asks whether the ALJs are unconstitutionally hired.

After Lucia, the court heard another round of arguments en banc in a case challenging a different agency, the Consumer Financial Protection Bureau. That case focused on whether the CFPB's leadership structure, which features a single director, violates the Constitution. 

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

  • Critical BenefitsPRO information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and events
  • Access to other award-winning ALM websites including and

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Cogan Schneier

Cogan Schneier is a Washington, D.C.-based litigation reporter covering D.C. courts, national litigation trends, the Justice Department and the federal judiciary. She is the author of Trump Watch, an email briefing that covers the Trump administration and its imprint on the law.