If the in-house judges were “inferior officers,” their appointments were unconstitutional. The Justice Department, which had long contended that the in-house judges were employees and not officers, switched positions in the Supreme Court in November 2017. In an unusual move, it urged the justices to grant review in the case, Lucia v. Securities and Exchange Commission, No. 17-130, even though it had won in the appeals court. On “the appointments side, what we’re dealing with is largely executive practice,” Mr. Wall said.

Source: New York Times April 23, 2018 19:58 UTC