In Lucia v. SEC, the SEC fined the petitioner Raymond J. Lucia $300,000 and barred him from working as an investment advisor for anti-fraud violations of the anti-fraud provisions of the Investment Advisers Act. The petitioner requested SEC review, arguing that the administrative proceedings were invalid, as the administrative law judge (ALJ) who decided his case was unconstitutionally appointed. ALJs are appointed by SEC staff in a manner that Lucia claimed violated the Appointments Clause under Article II, Section 2, Clause 2 of the Constitution. When the SEC ruled against Lucia, he appealed to the D.C. Circuit which denied the petition for review by a divided court, issuing a new decision affirming the SEC's decision as required under D.C. Circuit Rule 35(d).
Kevin Muhlendorf of Wiley Rein and Professor Gregory Dolin of the University of Baltimore School of Law join us to give their impressions of the oral argument of this important case.
Featuring:
Professor Gregory Dolin, Co-director of the Center for Medicine and Law, University of Baltimore School of Law
Kevin B. Muhlendorf, Partner, Wiley Rein LLP

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