Legal Opinion
Bandimere v. United States Securities & Exchange Commission
Court of Appeals for the Tenth Circuit
Decided December 27, 2016No. 15-9586PublishedCited by 39 opinions
1Opinion of the Court
MATHESON, Circuit Judge.
When the Framers drafted the Appointments Clause of the United States Constitution in 1787, the notion of administrative law judges (“ALJs”) presiding at securities law enforcement hearings could not have been contemplated. Nor could an executive branch made up .of more than 4 million people,1 most, of them employees. Some of them are “Officers- of the United States,” including principal and inferior- officers, who must be appointed under the Appointments Clause. U.S. Const, art. II, § 2, cl. 2. In this case we consider whether the five ALJs working for, the Securities…
2Cases cited41 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Buckley v. ValeoSupreme Court of the United States · 1976
- Shinseki, Secretary of Veterans Affairs v. SandersSupreme Court of the United States · 2009
- Luther D. Mullen v. Otis Bowen, Secretary of Health and Human Services, Richard G. Shepherd v. Otis Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1986
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
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3Cited by39 opinions
- Lucia v. SECSupreme Court of the United States · 2018
- Carr v. Commissioner, SSACourt of Appeals for the Tenth Circuit · 2020
- Island Creek Coal Co. v. Jay WilkersonCourt of Appeals for the Sixth Circuit · 2018
- Malouf v. SEC. & Exch. Comm'nCourt of Appeals for the Tenth Circuit · 2019
- Culclasure v. Comm'r of the Soc. Sec. Admin.District Court, E.D. Pennsylvania · 2019
34 more not listed; retrieve them via the Exa API.