Jason Harvestdancer
Contributor
Somehow I didn't notice this until today, but this case before the Supreme Court has enormous implications if decided a certain way, for it is an attack on the entire administrative state.
SEC v. Jarkesy: The Threat to Congressional and Agency Authority - American Progress
They talk about it as if it is a bad thing. However, that one is an editorial so I'll also include a couple of sources that are more objective.
Supreme Court Bulletin - Securities and Exchange Commission v. Jarkesy - Legal Information Institute
SEC v. Jarkesy
The ability of agencies to create administrative law is under attack with this case. I've often thought that all administrative law should be submitted to congress for review on a regular basis to be passed as legislative law or dispensed with. This goes farther than that. Interesting.
SEC v. Jarkesy: The Threat to Congressional and Agency Authority - American Progress
On November 29, 2023, the U.S. Supreme Court will hear oral arguments in Securities Exchange Commission (SEC) v. Jarkesy, a case that could have significant effects on government’s ability to effectively serve the American people should the court choose to eliminate administrative law judges (ALJs) and resurrect the nondelegation doctrine. There are nearly 2,000 ALJs working as independent officials within the executive branch who preside over administrative hearings in a variety of federal agencies and adjudicate disputes between the agencies and affected parties. In this case, an SEC ALJ found that two hedge funds established by George Jarkesy committed securities fraud against investors. The SEC fined Jarkesy and other parties $300,000; required disgorgement of $685,000 in ill-gotten gains, which the SEC Board of Commissioners upheld; and barred Jarkesy from participating in the securities industry. The U.S. Court of Appeals for the 5th Circuit reversed the decision in an extreme ruling, holding that not only are SEC ALJs unconstitutional, but that Congress lacks the power to give the SEC the ability to adjudicate securities fraud cases under the nondelegation doctrine.
They talk about it as if it is a bad thing. However, that one is an editorial so I'll also include a couple of sources that are more objective.
Supreme Court Bulletin - Securities and Exchange Commission v. Jarkesy - Legal Information Institute
SEC v. Jarkesy
The ability of agencies to create administrative law is under attack with this case. I've often thought that all administrative law should be submitted to congress for review on a regular basis to be passed as legislative law or dispensed with. This goes farther than that. Interesting.