Changes for government contracting in “Lucia v. SEC”

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Eric Crusius, partner at Holland & Knight, details how a recent Supreme Court decision could have major implications for federal contracting and “administrative law judges”


 

In the case of Lucia v. Securities and Exchange Commission, the Supreme Court’s decision made waves throughout the federal contracting community. The ruling says that some of the commission’s administrative law judges were appointed unconstitutionally, and that changes need to be made to the power they wield. Eric Crusius, partner at Holland & Knight, says that contractors encounter ALJs “on a daily basis” and the ruling impacts this work greatly.

 

“We have decisions made by folks who may not have the authority to make those decisions. There’s no clear answer at this point, I’m not saying that there is one,” Crucius said. “Everyone has to investigate how these folks are appointed, what kind of authority do they wield, and how does it fit in the SEC case the Supreme Court just decided.”