Supreme Court Orders Coordinated Briefing In SEC, FTC ALJ Removability Disputes

Mealey's (June 3, 2022, 2:09 PM EDT) -- WASHINGTON, D.C. — Just over two weeks after granting review of a divided en banc Fifth Circuit U.S. Court of Appeals’ ruling that the defendant in an ongoing Securities and Exchange Commission enforcement action may challenge whether SEC administrative law judges (ALJs) are constitutionally protected from removal, the U.S. Supreme Court on June 1 granted U.S. Solicitor General Elizabeth B. Prelogar’s request that merits briefing in the action be coordinated with similar appeal brought challenging the use of ALJs by the U.S. Federal Trade Commission....