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Securities Law

No Supreme Court Look for SEC In-House Judge Challenge Process

Jan. 11, 2021, 2:48 PM

A former investment adviser failed to convince the U.S. Supreme Court Monday to weigh in on the proper process for challenging the legitimacy of SEC in-house judges.

Christopher Gibson urged the high court to take up his argument that those hoping to challenge the constitutionality of the Securities and Exchange Commission’s administrative law judges should be able to seek relief in federal courts without first having to exhaust all agency remedies.

The Supreme Court last weighed in on a challenge to the regulator’s ALJs in 2018. The court in Lucia v. SEC held that in-house agency judges are constitutional officers...

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