Peter Altman Speaks with Daily Journal for Podcast on Constitutionality of Administrative Law Judges

Akin Gump litigation partner Peter Altman participated in Daily Journal’s weekly podcast “The Appellate Report,” discussing the Supreme Court’s recent decision to grant certiorari in Lucia v. SEC. The case will resolve a circuit split over whether the SEC’s administrative law judges (ALJs) serve in violation of the Appointments Clause of the Constitution.

Altman began with some background on the Appointments Clause and the key issues at stake in the Lucia case. He noted that the clause essentially limits “the universe of individuals who are eligible” to appoint the people who fill certain positions.” Its purpose, he said, is to prevent “one branch [of government] from encroaching on another branch’s appointment power as well as preventing the diffusion of the appointment power.”

Altman then outlined how the SEC appointed the ALJs at issue, who he said were selected through a “pretty typical merit selection hiring process by SEC staff from a pool of candidates identified by the Office of Personnel Management.”

To hear the full podcast, including the potential impact of the Supreme Court’s decision in this case, please click here.

To read an Akin Gump client alert that Altman co-wrote on this topic, please click here.