Bloomberg Law
May 16, 2022, 1:51 PMUpdated: May 16, 2022, 2:15 PM

Supreme Court Takes Up Where to Hear SEC Judge Challenges (1)

Jennifer Bennett
Legal Reporter

The US Supreme Court Monday said it will take a look at a decision that allowed a challenge to the constitutionality of the regulator’s in-house judges to move forward in federal court before the agency proceeding concluded.

The Securities and Exchange Commission petitioned the high court regarding a US Court of Appeals for the Fifth Circuit decision allowing Michelle Cochran to pursue a constitutional challenge to the regulator’s administrative law judges in federal district court without first completing an in-house appeal process.

The agency requested that the Supreme Court withhold action on the SEC’s petition until it resolved a similar ...

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