First Briefs Filed In Lucia

     The parties to the Lucia v. SEC case pending before the Supreme Court have filed their briefs on the merits. Lucia concerns the constitutionality of Administrative Law Judges under the Appointments Clause of the Constitution. Both briefs argue that they are unconstitutional. Under prior Presidential Administrations the position had been that they were constitutional. That changed after Donald Trump decided to be guided in all matters of constitutionality by the Federalist Society. There will be an amicus curiae appointed by the Court who will argue for the position that they are constitutional. That brief hasn't been filed yet. Neither of the briefs filed so far makes mention specifically of Social Security ALJs but both are careful to note that SEC ALJs preside over adversarial adjudications. I don't see that that has anything to do with the scope of the authority exercised by the ALJ, but that's the distinction the briefs implicitly make.

• Brief filed on behalf of Raymond Lucia
• Brief filed by Solicitor General on behalf of the SEC