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W
hen the Supreme Court decided SEC v. Jarkesy, it only decided one of the issues in the U.S. 5th Circuit Court of Appeals decision. As we noted in “NLRB’s Administrative Law Judges Face Existential Challenges,” the 5th Circuit in Jarkesy also ruled that the Securities and Exchanges Commission’s (SEC) administrative law judges (ALJs) were unconstitutionally appointed because their removal protections violated “the appointments clause” of Article II of the Constitution. As a result of that 5th Circuit precedent, a district court in Texas held the National Labor Relations Board’s (NLRB) ALJs are likewise unconstitutionally appointed and therefore granted the employer