Divided En Banc 5th Circuit Allows SEC ALJ Removability Challenge To Proceed

Mealey's (December 16, 2021, 1:44 PM EST) -- NEW ORLEANS — A divided en banc Fifth Circuit U.S. Court of Appeals on Dec. 13 ruled that defendant in a Securities and Exchange Commission enforcement action may challenge whether SEC administrative law judges (ALJs) are constitutionally protected from removal because the Securities Exchange Act of 1934 does not disturb a federal district court’s jurisdiction over the defendant’s “structural constitutional claims.”...

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