Lucia v. Securities and Exchange Commission
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-130 | Apr 23, 2018 | Jun 21, 2018 | 7-2 | Kagan | OT 2017 |
Holding: Securities and Exchange Commission administrative law judges are "officers of the United States," subject to the Constitution"s appointments clause.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kagan on June 21, 2018. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Breyer filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Ginsburg and Sotomayor joined as to Part III. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.
SCOTUSblog Coverage
- OT2017 #30: "Most Ambitious Crossovers" (First Mondays, June 25, 2018)
- Symposium: Minimalism with radical potential (Gillian Metzger, June 22, 2018)
- Symposium: Lucia v. SEC more questions than answers (Alan Morrison, June 22, 2018)
- Symposium: The court begins to strike back at the administrative state (Ilya Shapiro, June 22, 2018)
- Symposium: The appointments clause -- a modest take (Jennifer Mascott, June 22, 2018)
- Opinion analysis: Justices invalidate civil-service appointments of administrative law judges (Ronald Mann, June 21, 2018)
- Symposium: The future of the appointments clause (Jeffrey McCoy and Oliver Dunford, June 21, 2018)
- Symposium: Constitutional dodgeball and the separation of powers (Peter Shane, June 21, 2018)
- A "view" from the courtroom: Inching toward checkout for the term (Mark Walsh, June 21, 2018)
- OT2017 #23: "After Dark" (First Mondays, April 30, 2018)
- Argument analysis: Justices worry about politicizing administrative law judges (Ronald Mann, April 23, 2018)
- Argument preview: Justices turn to constitutional limits on appointment of administrative law judges (Ronald Mann, April 16, 2018)
- Court bulks up this terms docket (UPDATED) (Amy Howe, January 12, 2018)
- OT2017 #8: "Bespoke but Blank" (First Mondays, December 4, 2017)
- Petition of the day (Aurora Barnes, September 13, 2017)
| Date | Proceedings and Orders |
|---|---|
| 07/21/2017 | Petition for a writ of certiorari filed. (Response due August 25, 2017) |
| 07/28/2017 | Blanket Consent filed by Petitioners, Raymond J. Lucia, et al. on 07/31/2017 |
| 08/16/2017 | Order extending time to file response to petition to and including September 25, 2017. |
| 08/25/2017 | Brief amicus curiae of The Chamber of Commerce of the United States filed. |
| 08/25/2017 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 08/25/2017 | Brief amicus curiae of Mark Cuban filed. |
| 08/25/2017 | Brief amicus curiae of Cato Institute filed. |
| 09/14/2017 | Order further extending time to file response to petition to and including October 25, 2017. |
| 09/19/2017 | Brief amicus curiae of Anthony Michael Sabino filed. |
| 10/17/2017 | Letter of October 17, 2017 from counsel for petitioners received. |
| 10/18/2017 | Order further extending time to file response to petition to and including November 15, 2017. |
| 11/14/2017 | Motion to extend the time to file a response from November 15, 2017 to November 29, 2017, submitted to The Clerk. |
| 11/14/2017 | Order further extending time to file response to petition to and including November 29, 2017. |
| 11/29/2017 | Brief of respondent Securities and Exchange Commission filed. |
| 12/13/2017 | DISTRIBUTED for Conference of 1/5/2018. |
| 12/13/2017 | Reply of petitioners Raymond J. Lucia, et al. filed. (Distributed) |
| 01/08/2018 | DISTRIBUTED for Conference of 1/12/2018. |
| 01/12/2018 | Petition GRANTED. |
| 01/16/2018 | Blanket Consent filed by Petitioners, Raymond J. Lucia, et al.. |
| 01/18/2018 | Anton Metlitsky, Esquire, of New York, New York, is invited to brief and argue this case, as amicus curiae, in support of the judgment below. |
| 01/26/2018 | Letter of petitioners Raymond J. Lucia, et al. on behalf of the parties filed. |
| 02/07/2018 | The joint appendix, petitioners' brief on the merits, and brief of respondent Securities and Exchange Commission shall be filed on or before February 21, 2018. Any amicus curiae briefs in support of petitioners or in support of neither party shall be filed on or before February 28, 2018. |
| 02/07/2018 | The brief of Court-Appointed amicus curiae in support of the judgment below shall be filed on or before March 26, 2018. Any other amicus curiae brief supporting affirmance (the judgment below) shall be filed on or before April 2, 2018. |
| 02/07/2018 | Blanket Consent filed by Respondent, Securities and Exchange Commission |
| 02/08/2018 | Motion to dispense with printing the joint appendix filed by petitioners Raymond J. Lucia, et al. |
| 02/20/2018 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| 02/21/2018 | Brief of petitioners Raymond J. Lucia, et al. filed. |
| 02/21/2018 | Brief of respondent Securities and Exchange Commission in support of petitioners filed. |
| 02/21/2018 | Brief amicus curiae of Cato Institute filed. |
| 02/22/2018 | Brief amicus curiae of Anthony Michael Sabino filed. |
| 02/23/2018 | SET FOR ARGUMENT on Monday, April 23, 2018. |
| 02/23/2018 | Brief amicus curiae of SHOW, Inc. filed. |
| 02/26/2018 | Brief amicus curiae of Federal Administrative Law Judges Conference in support of neither party filed. |
| 02/27/2018 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 02/27/2018 | Brief amicus curiae of The Forum of United States Administrative Law Judges in support of neither party filed. |
| 02/28/2018 | Brief amicus curiae of Washington Legal Foundation filed. |
| 02/28/2018 | Brief amicus curiae of The Chamber of Commerce of the United States filed. |
| 02/28/2018 | Brief amici curiae of Administrative Law Scholars in support of neither party filed. |
| 02/28/2018 | Brief amici curiae of States of Utah, et al. filed. |
| 02/28/2018 | Brief amicus curiae of Professor Jennifer L. Mascott filed. |
| 02/28/2018 | Brief amici curiae of RD Legal Capital, LLC and Roni Dersovitz filed. |
| 02/28/2018 | Brief amici curiae of J.S. Oliver Capital Management, L.P. and Ian O. Mausner filed. |
| 02/28/2018 | Brief amici curiae of Urska Velikonja and Joseph A. Grundfest in support of neither party filed. |
| 02/28/2018 | Brief amicus curiae of Wing F. Chau filed. |
| 02/28/2018 | Brief amicus curiae of Equity Dealers of America filed. |
| 02/28/2018 | Brief amicus curiae of Scholars of Corpus Linguistics filed. |
| 02/28/2018 | Brief amicus curiae of New Civil Liberties Alliance filed. |
| 03/07/2018 | CIRCULATED |
| 03/26/2018 | Brief of Court-appointed amicus curiae in suport of the judgment below filed. (Distributed) |
| 03/30/2018 | Record requested from the U.S.C.A. District of Columbia Circuit. |
| 03/30/2018 | Motion of the Solicitor General for divided argument filed. |
| 03/30/2018 | Record requested from the U.S.C.A. District of Columbia Circuit. |
| 04/02/2018 | Brief amici curiae of Constitutional and Administrative Law Scholars filed. (Distributed) |
| 04/02/2018 | Brief amici curiae of David Zaring filed. (Distributed) |
| 04/02/2018 | Brief amicus curiae of National Black Lung Association filed. (Distributed) |
| 04/02/2018 | Brief amicus curiae of Association of Administrative Law Judges filed. (Distributed) |
| 04/02/2018 | Brief amicus curiae of Cornell Securities Law Clinic filed. (Distributed) |
| 04/02/2018 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed) |
| 04/02/2018 | Brief amicus curiae of National Organization of Social Security Claimants' Representatives filed. (Distributed) |
| 04/13/2018 | Motion of the Solicitor General for divided argument GRANTED. |
| 04/13/2018 | Reply of petitioners Raymond J. Lucia, et al. filed. (Distributed) |
| 04/16/2018 | Reply of respondent Securities and Exchange Commission in support of petitioners filed. (Distributed) |
| 04/16/2018 | Record received from the United States Securities and Exchange Commission. The record is electronic. |
| 04/23/2018 | Argued. For petitioners: Mark Perry, Washington, D. C. For respondent in support of petitioners: Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Anton Metlitsky, New York, N. Y. |
| 06/21/2018 | Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Alito, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Ginsburg and Sotomayor, JJ., joined as to Part III. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. |
| 07/23/2018 | JUDGMENT ISSUED. |