On October 17, 2023, WLF filed an amicus brief urging the Supreme Court to affirm a Fifth Circuit decision vacating an SEC order. WLF’s brief focused on one of the three questions presented—whether the Constitution allows SEC administrative law judges to have multiple levels of for-cause removal protection. As WLF’s brief explains, Supreme Court precedent makes clear that multiple levels of for-cause removal protection unconstitutionally inhibit the President’s ability to supervise officers of the United States. WLF’s brief also explains why the for-cause removal protections are not severable. The for-cause removal protections are an integral part of the statutory scheme, and there is no evidence that Congress would have passed a statute without those protections.

Documents:

WLF amicus brief