Court Lacks Jurisdiction over Challenge to SEC Administrative Proceeding: Second Circuit | Practical Law
Resolving a split of authority within the Southern District, the US Court of Appeals for the Second Circuit held in Tilton v. SEC that a federal district court does not have subject matter jurisdiction to hear a constitutional challenge to the appointment of an administrative law judge presiding over a parallel Securities and Exchange Commission enforcement proceeding. The respondents in the enforcement proceeding could challenge the appointment on appeal from the final decision of the SEC.