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The SEC improperly appointed judges. I begged them to ask the SEC to reappoint them, but they never did. In Lucia v. SEC, SCOTUS found they were unconstitutionally appointed, and hundreds of cases had to be reheard. The Trump administration tried to extend this across many other agencies, and there is still ongoing litigation. en.wikipedia.org/wiki/L…
The SEC improperly appointed judges. I begged them to ask the SEC to reappoint them, but they never did. In Lucia v. SEC, SCOTUS found they were unconstitutionally appointed, and hundreds of cases had to be reheard. The Trump administration tried to extend this across many other agencies, and there is still ongoing litigation. https://en.wikipedia.org/wiki/Lucia_v._Securities_and_Exchange_Commission
I've probably told you that the administration's knowledge and view of administrative law has been lacking. This stuff is arcane and has been in a state of flux. The Administrative Procedure Act should be a mini Constitution in cases involving regulations and adjudications by administrative agencies. Biden administration did not do fact finding under the APA in the OSHA vaccine case. https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html
Same thing in the EPA case. Agencies should, as a matter of self preservation, in an abundance of caution as we say in the trade, hold hearings and establish a factual basis for rulemaking. https://www.eenews.net/articles/supreme-court-rejects-challenge-to-biden-climate-metric/