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    Spring 2019

    Vol. 28 No. 3  

    Administrative Law

    The Long Term Implications of Lucia v. SEC and Executive Order 13843

    By Timothy L. Nemechek

    On June 21, 2018, the U.S. Supreme Court issued its decision in Lucia v. SEC, 585 U.S.__, 138 S. Ct. 2044 (2018) in which the Court decided whether Administrative Law Judges (ALJs) were “officers” under the Appointments Clause of the U.S. Constitution. Answering in the affirmative, the decision could have a far-reaching effect on the adjudication of administrative cases. The implications of the Lucia v. SEC decision and the President’s subsequent Executive Order, specifically on ALJs in other federal agencies, on the system of selection for ALJs, as well as the potential impact on state ALJs, are significant.

    Professional Development

    Division connects members and honors worthy public lawyers

    The Division provides the opportunity to learn from lawyers across the country with different approaches to regional problems and gain valuable insight from colleagues with diverse backgrounds and experiences. The Division brings federal Department of Transportation attorneys in D.C. together with city attorneys who are working on highway safety issues in California, district attorneys from New York together with states attorneys in Illinois who learn how to reduce sexual assault rape kit backlogs and Washington State Assistant Attorneys General with city attorneys in Oregon who are tackling climate change at the state and local level. GPSLD facilitates these collaborations.

    Government

    Division Delegate Report

    By Gregory G. Brooker

    The meeting of the ABA House of Delegates (HOD) took place at the ABA Midyear Meeting in Las Vegas on January 28, 2019. In his remarks, Jack Rives detailed the need for the ABA to gain new members by embracing the new membership initiative and fee model. He also indicated that every nonprofit organization based on members is facing similar challenges as the ABA. Following the speeches, the House of Delegates considered many resolutions at its session on January 28. Here is a recap of the resolutions of most interest to members of the Division.

    Technology

    Get Adobe Acrobat tips and listen to our podcasts; register for webinars and the Annual Meeting

    The Division’s podcast series “Compelling Conversations with Colleagues” is available on iTunes. Each podcast is a brief interview with a government lawyer – providing a wealth of information about careers in the public sector. Episodes include interviews with a city attorney, a JAG lawyer and a public defender. Search “ABA compelling conversations” on iTunes to find them. And please leave a review, it helps other listeners find the programs. Podcast episodes can also be found on our homepage.