“Court Rejects SEC Judge Process,” The Wall Street Journal, June 22, 2018 A2. Supreme Court rules administrative law judges appointed by lower level staff are not constitutional.
This doesn’t speak to information. It is more Governance and Compliance; these concepts are close, but different.
Compliance: The process for appointment was unconstitutional. Does this mean that every decision they made was invalid? What does it say that the agency did not follow the appropriate processes? What did other agencies do (ALJ’s are everywhere in Washington, D.C.)? The Executive Branch sort of overlapped with the Judicial?
Governance: Appointing judges in an unconstitutional manner seems to suggest a failure of governance. Who decided to do this this way? Is he or she going to be held accountable for the decision? What about other agencies? What type of risk assessment was performed, if any?
