In Lucia v. SEC, 138 S.Ct. 2044 (2018), the Supreme Court held that administrative law judges (ALJs) are officers of the United States, not employees. Therefore, their appointment must accord with the Appointments Clause of the Constitution. Article II, Section 2, clause 2. No one suggested they were principal officers, who must be appointed by … Continue reading Fallout from Lucia—The Unconstitutionality of the Environmental Appeals Board and Interior Board of Land Appeals, by William Funk