In the Headlines
March 10, 2023

Justices Likely to Hear Case That 'Cast Cloud' on SEC Courts


Securities Enforcement Defense attorney Scott Mascianica spoke with Law360 about a U.S. Court of Appeals for the Fifth Circuit case that raises questions about the constitutionality of federal agencies' administrative law courts. The U.S. Securities and Exchange Commission (SEC) recently petitioned the U.S. Supreme Court to review the case. Mr. Mascianica told Law360 that although the Supreme Court usually declines to hear a majority of cases that are brought to them, there is a higher chance the Court will hear this one because of the potentially widespread impact it would have on numerous federal agencies.

“The Fifth Circuit's opinion shapes up to impact not only the SEC, but federal agencies across the board," he said. "There are thousands of federal [administrative law judges] across different agencies."

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