The Yale Law Journal

E. Garrett West

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Clarifying the Employee-Officer Distinction in Appointments Clause Jurisprudence

E. Garrett West

On May 24, the D.C. Circuit sitting en banc will hear oral argument on whether Securities and Exchange Commission (SEC) administrative law judges (ALJs) count as inferior officers rather than employees for purposes of the Appointments Clause. This Essay attempts to articulate a coherent employee-off…