“November 30, 2018 marked an obscure but important one-year anniversary. On that date, shortly after the Solicitor General had filed a brief confessing error in the U.S. Supreme Court, the Securities and Exchange Commission sought to fix the newly exposed defects in the unconstitutional appointments of its Administrative Law Judges (ALJs). But the purported “ratification” SEC undertook did not and cannot cure the raft of constitutional problems jeopardizing the current ALJ regime. A fundamental rethink is necessary before the whole house of cards collapses.”

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Written by Mark Chenoweth