SUPREME COURT TO HEAR CASE ON AGENCY HIRING PRACTICES - January 25, 2018
Supreme Court to Hear Case That Could Reshape How Agencies Hire Some Employees
By Eric Katz, Government Executive
Several federal agencies could see their hiring mechanisms for certain civil service judge positions upended in a case the Supreme Court recently decided to hear.
The case, Lucia v. Securities and Exchange Commission, involves only administrative law judges at SEC, but attorneys representing the petitioners and legal experts said the fallout could be wider in scope. Those bringing the case before the Supreme Court have argued the ALJs, currently treated as civil servants, are actually “inferior officers” of the United States and therefore subject to the Appointments Clause of the Constitution.