SCOTUS: Federal Administrative Law Judges Weigh In On SEC v. Jarkesy

Attorneys Ronald W. Chapman II and Matthew Pelcowitz of Chapman, Dowling & Mallek Supreme Court Practice Group were selected to author an Amicus Brief on behalf of the Federal Administrative Law Judge’s Conference before the United States Supreme Court.

The FJALC is a conference of over 1930 Federal Administrative Judges representing over 30 agencies. The FJALC selected Chapman and Pelcowitz to draft a brief in a case that is perhaps the most important agency case to come before SCOTUS in decades.

While each case before SCOTUS is important to its litigants, perhaps no case before the Supreme Court has ever been as important to Administrative Law Judge’s as Jarkesy. The 5th Circuit found that “for cause” removal protections extended to ALJ’s violated the constitution. The Government was granted cert on this question and several others that deeply impact federal administrative law.

In their brief, Chapman and Pelcowitz argue that the Jarkesy decision, if upheld by SCOTUS, would impact the decisional independence of administrative law judges.

The brief can be accessed here.