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The Legal Stuff
Government Enforcement Exposed - "The GEE"
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16 Jan 2018 SEC’s Appointments Clause Dilemma Gets Worse

  On January 12, the Supreme Court granted certiorari in SEC v. Lucia, which will decide whether the Securities and Exchange Commission’s (SEC) administrative law judges (ALJs) are appointed consistently with the Constitution’s Appointments Clause. Unfortunately for the SEC, at least right now, no one is arguing that the SEC’s process is constitutional. What the Court does in this case will potentially upend not only the SEC’s ALJ process but other agencies’ as well.   As this blog has explained here and here, there is a clear circuit split on whether the way that the SEC hires its ALJs comports with the Appointments Clause. The Appointments Clause provides:   [The President] shall nominate, and by and with the Advice and Consent of the Senate, shall…

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02 Jan 2018 Supreme Court Addresses Cell Phone Privacy in Carpenter v. United States

  On November 29, 2017, the United States Supreme Court heard oral arguments in the case of Timothy Carpenter v. United States.  During argument, a majority of the justices appeared ready to place new limits on the ability of investigators to track the location of cell phone users.   Carpenter was convicted of masterminding a series of armed robberies (ironically, stealing new smart phones) in Ohio and Michigan.  Officials investigating the case sought records from cell phone providers for 16 different phone numbers, including Carpenter’s.  In so doing, they relied upon the Stored Communication Act (18 U.S.C. 2703).  This 1986 law allows phone companies to disclose records when the government can establish “specific and articulate facts showing that there are reasonable grounds to believe” the…

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