in this case, they are arguing, based on a ridiculous case that the SCOTUS recently ruled on last year, that "judges" should only be "Article III" ones and not sort of "deputized" as "judges" under "Article II".
The OP article references this -
US Supreme Court faults SEC's use of in-house judges in latest curbs on agency powers
June 27, 2024 4:46 PM EDT Updated 8 months ago
WASHINGTON, June 27 (Reuters) - The U.S. Supreme Court rejected as unconstitutional the Securities and Exchange Commission's in-house enforcement of laws protecting investors against securities fraud, dealing a blow on Thursday to the agency's powers in a ruling that could reverberate through other federal regulators.
The decision, a setback for President Joe Biden's administration, upheld a lower court's ruling siding with a Texas-based hedge fund manager who contested the legality of the SEC's actions against him after the agency determined he had committed securities fraud.
The 6-3 decision was authored by Chief Justice John Roberts, with the court's conservative justices in the majority and the liberal justices dissenting. The court ruled that agency proceedings seeking penalties for fraud that are handled by SEC itself instead of in federal court violate the U.S. Constitution's Seventh Amendment right to a jury trial. "The SEC's anti-fraud provisions replicate common law fraud, and it is well established that common law claims must be heard by a jury," Roberts wrote.
It was the latest decision curbing the authority of U.S. agencies powered by the Supreme Court's conservatives, who have indicated skepticism toward expansive federal regulatory power. Thursday's ruling opens the door to challenges to other federal agencies in-house enforcement schemes, as the liberal justices expressed doubt that the decision can be limited only to fraud actions pursued by the SEC.
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There are a number of agencies - notably SSA - that uses these types of "administrative judges" for adjudication. The issue that would need to be teased out is whether the courts can handle the types of adjudications that the immigration judges or SSA judges, or I expect even what the NLRB administrative judges are involved in (who do unfair labor practices hearings, etc).
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