Last week, the United States Court of Appeals for the 10th Circuit ruled that a decision by a Securities and Exchange Commission administrative law judge was unconstitutional.
The 10th Circuit’s decision in David V. Bandimere v. SEC is the latest to address the constitutional standing of the SEC’s five career administrative judges.
It also creates a circuit split, which some experts say will invite a review by the Supreme Court on the matter. In August of 2016, the District of Columbia Court of Appeals unanimously upheld the constitutionality of the SEC’s administrative law judges in a separate SEC decision.
Recommended For You
Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.
Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
Already have an account? Sign In Now
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Nick Thornton
Nick Thornton is a financial writer covering retirement and health care issues for BenefitsPRO and ALM Media. He greatly enjoys learning from the vast minds in the legal, academic, advisory and money management communities when covering the retirement space. He's also written on international marketing trends, financial institution risk management, defense and energy issues, the restaurant industry in New York City, surfing, cigars, rum, travel, and fishing. When not writing, he's pushing into some land or water.
