Amicus Brief of Scholars of Corpus Linguistics in Lucia v. SEC

Abstract

The question presented in Lucia v. SEC is whether administrative law judges of the Securities and Exchange Commission are Officers of the United States within the meaning of the Appointments Clause of the Constitution. This brief, filed on behalf of fifteen corpus linguistics scholars, presents empirical evidence derived from corpora—electronically-searchable databases of historical texts—that the term Officer of the United States was understood at the time of the Founding to apply to virtually all federal employees exercising non-negligible government authority—including the assistant doorkeeper of the House of Representatives and the melter and refiner of the U.S. Mint. The brief then explores data derived from modern usage of the word officer, revealing that, at least within the public sphere, the term continues to apply to relatively low-ranking government officials. In light of this evidence, the Court should hold that an ALJ is an officer within the meaning the Appointments Clause, regardless of whether they choose to interpret that provision through the original or modern lens.