The Trump administration switched sides Wednesday in a case pending before the Supreme Court that could retroactively nullify tens of thousands of agency decisions.
The case, Lucia v. SEC, has major implications for the process by which federal agencies try or punish those in violation of laws or regulations.
The litigation concerns an agency’s decision to allow career bureaucrats to preside as the functional equivalent of judges during enforcement proceedings. These officials, called administrative law judges (ALJs), are hired by career bureaucrats. They are not appointed by the president, a court or an agency head, but they exercise significant authority on behalf of the U.S. government in official proceedings.
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