I https://i-uv.com

  • Home
    • “Meetups” and Connecting with Your Soul Groups
      • Contact Sister Sites
  • OPPT Absolute
    • OPPT Tools
      • OPPT FAQ
      • The Foreclosure Flyer
      • OPPT Courtesy Notice
      • OPPT CN Guidelines
      • Which Courtesy Notice?
      • Cover Letters for CNs
      • Translations of Courtesy Notice
      • Public Interest Courtesy Notice: Monsanto
        • Public Interest Courtesy Notice: IRS
        • Public Interest Courtesy Notice: Chemtrails
        • FREEdom Flyer
    • OPPT Tool Complete
    • OPPT Goes Public
      • OPPT Definitions
      • OPPT Press Releases
      • Conversation with Heather & Brian
    • OPPT Initial Investigation
      • Original OPPT UCC Filings
      • OPPT Financing Statement July 25 2012
      • OPPT True Bill UCC Filing
      • OPPT Commercial Bill UCC Filing
      • Declaration of Facts
      • OPPT UCC Filings in CNs
      • The One People’s Public Trust (OPPT): Your Frequently Asked Questions…ANSWERED
      • E_Call Supporting Documents
  • I UV
    • HATJ: Trust ~ ALL ON!!!
      • Documents for Proof of Ownership for Funds
      • TDDA : Testing spread sheet
    • I and the UV Exchange
    • Heather Ann Tucci-Jarraf : I AM WITHOUT PREJUDICE
    • The Will and The Word of I
    • I UV GIFT HAS BEEN ACCEPTED
  • Media and News
    • Nova Earth News
    • Radio Shows
      • The One People Radio Show
      • The Collective Imagination
      • The Transitioning Radio Show
    • Show Transcripts
    • Radio Interviews
  • Freedom Stories
    • Share Your Freedom Story With The World
    • Checklist for Some BEing and DOing
  • Removing The Veil
    • Banking Industry Quarterly Reports
    • Our Cosmic Community
      • Friends in ‘High’ Places
      • Share Your Stories of Friends in ‘High’ Places
  • I UV Blog
    • Contact Us
    • Gold Meditations

SEC judge appointments unconstitutional, U.S. high court says

by BZ ⒾAM Riger / Sunday, 24 June 2018 / Published in Absolute Data, Eternal Essence Embodied

SEC judge appointments unconstitutional, U.S. high court says

by Andrew Chung, published on Reuters, on June 22, 2018

WASHINGTON (Reuters) – The U.S. Supreme Court gave presidents more control over key jobs in federal agencies on Thursday, ruling that the way the Securities and Exchange Commission selected in-house judges who enforce investor protection laws violated the U.S. Constitution.

The justices agreed with President Donald Trump’s administration that the SEC, in having low-level staff install administrative law judges, infringed upon powers given to the president in the U.S. Constitution’s “appointments clause” regarding the filling of certain federal posts.

The ruling could reverberate through the federal government, which has nearly 2,000 administrative law judges who decide matters as varied as unfair trade practices, veterans benefits and patent infringement.

The court’s 7-2 decision backed Raymond Lucia, a California-based former radio host and investment adviser who was banned by an SEC administrative law judge from investment-related work and fined $300,000 for making misleading claims in his “Buckets of Money” retirement wealth strategy.

The ruling marked a victory for the Republican president, who has sought to limit the power of certain federal agencies. Trump’s administration sided with Lucia, reversing the government’s previous stance supporting the SEC taken by the administration of his Democratic predecessor, Barack Obama.

The Justice Department said it was pleased with the decision.

The ruling, authored by liberal Justice Elena Kagan, could also make it easier for these in-house judges to be fired by a president’s political appointees in agencies rather than being protected from such action, as is currently the case.

The justices overturned a lower court ruling that had endorsed the SEC’s hiring practice for the judges. The agency’s commissioners, who are presidentially appointed, should have named them, not SEC staff, the justices said.

Six justices found the hiring process unconstitutional while Justice Stephen Breyer said it violated only federal administrative law. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.

Lucia must now be given a new hearing in front of a properly appointed administrative judge, or the commission itself, the justices said.

‘CONSTITUTIONAL ACCOUNTABILITY’

“We are thrilled with the result, which is a victory for the rule of law, constitutional accountability and liberty,” Lucia’s attorney Mark Perry said.

An SEC spokesman said the agency is reviewing the decision.

The SEC had argued that its judges were merely employees in part because their decisions are not final and still subject to review by the commission.

It marked the latest case in which the Supreme Court limited the SEC’s powers. The justices last year scaled back the agency’s ability to recover ill-gotten profits from defendants’ misconduct, and on Monday accepted a case that could narrow the scope of defendants’ liability for securities fraud.

With Thursday’s decision, “the Supreme Court continues its growing streak of rebukes to the SEC,” said Nick Morgan, a lawyer at the firm Paul Hastings who previously worked in the agency’s enforcement division.

Kagan said administrative judges wield powers extensive enough to qualify under the Constitution as “inferior officers” subject to appointment by the president, a federal department head or a court. Just “as armies can often enforce their will through conventional weapons, so too can administrative judges,” Kagan said.

The SEC charged Lucia with securities fraud in 2012. SEC Administrative Law Judge Cameron Elliot found him liable, barring him from the industry and ordering him to pay $300,000 in fines.

Corporate rights groups had complained that as the SEC’s enforcement powers expanded, it sent more cases to its own judges rather than federal district courts, giving the agency an unfair “home court” advantage.

The ruling could affect dozens of cases pending before the SEC and other cases in federal appeals courts. Perry, Lucia’s lawyer, said there are about 150 administrative judges across 25 agencies who might fall under the officer designation.

Reporting by Andrew Chung; Editing by Will Dunham

Our Standards:The Thomson Reuters Trust Principles.
Share
  • Tweet

About BZ ⒾAM Riger

What you can read next

U.S. Attorney Durham Announces Departure from Office
General Flynn EXCLUSIVE: We the People, POWER of the Grassroots!
Simon Parkes 24th February Update Current News

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Follow ~ I UV Blog
enter Primary email:
Must confirm email for Success

Delivered by FeedBurner

Share What You See

Share
Thank you for your exchange of value with us
If you find value in the I UV website & blog , enjoy the content , and appreciate the energy put into it for you, please consider returning some energy by making a donation.~ BZ

Updates

  • #UNIVERSALCLEANUP: HATJ & RKB Alleged Trial Transcripts w RKB Closing Statements
  • #UniversalCleanUp: EO 13818 & Letter from the President to the Congress of the United States
    • Quantum Playground: #HATJ #POTUS : “Universal Clean Up” & “Universal Backdoor”
  • Current Updates HATJ & RKB
    • Eastern District TN Court updates
    • Knox County Sheriffs Office Inmate Manual 2018
  • IRS Secret Manual for Agents 1982
  • Court Registry Investment System- CRIS
  • I and the UV Exchange

Recent Comments

  • myaraine on police stop-travel without license, registration, insurance, or tags….right to travel success
  • josef on police stop-travel without license, registration, insurance, or tags….right to travel success
  • Karl Koch on police stop-travel without license, registration, insurance, or tags….right to travel success
  • Karl Koch on police stop-travel without license, registration, insurance, or tags….right to travel success
  • Aidan Walsh on Statement on the Continuing Political Persecution of President Donald J. Trump
  • Aidan Walsh on Statement on the Continuing Political Persecution of President Donald J. Trump
  • Kim F on Freedom Stories

Recent BEing & DOing

  • Quantum Playground
  • Expansion Meme
  • HATJ
  • Absolute Data
  • Abilities
  • Eternal Essence Embodied
  • Disclosure
  • Creative Arts
  • Freedom Stories
  • Removing the Veil
  • China Virus Unmasked
  • Deep State-Illuminati
  • Satanic Ritual Abuse SRA
  • Sex trafficking

Removing The Veil

  • HATJ: Trust ~ ALL ON!!!
  • OPPT Absolute
  • The Slavery System
  • Banking
  • Chemtrails
  • #UniversalCleanUp :History of Banking
  • Modern Money Mechanics
  • Top Secret Banker’s Manual
  • #UniversalCleanUp : Money & Banking Dallas
  • I Bet You Thought
  • Your Strawman
  • Clinton Body Count List Infographic

Archives

www.i-uv.com all content © Eternal Essence Embodied ©2020

TOP