On June 27, 2024, the Supreme Court affirmed a Fifth Circuit decision vacating an SEC order. This was welcome news for WLF, which filed an amicus brief supporting Respondents. The Court held that the SEC’s in-house proceedings violated the Seventh Amendment’s jury-trial guarantee. WLF’s brief focused on a different question—whether the Constitution allows SEC administrative law judges to have multiple levels of for-cause removal protection. As WLF’s brief explained, 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 explained why the for-cause removal protections are not severable.
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