A Los Angeles-based accounting and tax consultancy failed to timely raise its challenge to the constitutionality of hearing officers at a federal oversight board, Justice Department lawyers told the U.S. Supreme Court as a potential new wave of appointments-clause disputes looms.

The Justice Department’s recommendation that the justices turn down the company’s challenge comes less than a year after the high court’s ruling in Lucia v. Securities and Exchange Commission. In that case, the Justice Department, in a change of positions, turned against the securities agency and urged the justices to find that the SEC’s administrative law judges had not been properly appointed.

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