Boom!
The Supreme Court’s third (but not last) decision is SEC v. Jarkesy. By a 6–3 vote, the court holds that when the SEC seeks civil penalties, the defendant is entitled to a jury trial in federal court.
This sounds technical but it’s huge.
SCOTUS’ decision is Jarkesy may well hobble many federal agencies’ ability to bring meaningful enforcement actions against wrongdoers. Not just the SEC. Neither the executive branch nor the judiciary have the time or resources to try all these cases before a jury. Nowhere close.
Today’s decision in Jarkesy could kneecap enforcement by the FCC, the FTC, the NLRB, the Department of Labor, and more—it goes WAY beyond the SEC. This is a massive blow to the federal government’s ability to enforce regulations against lawbreakers.
The ruling is here: https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf
More from Benjamin Weingarten;
Justice Gorsuch — with whom Justice Thomas concurred — details more administrative state tyranny. We’ve been de-sensitized to an unelected, unaccountable, awesomely powerful branch of government that’s, shall we say, hard to square this with the Constitution
And another: The Supreme Court granted applications for a stay, effectively halting the enforcement of the EPA’s “good neighbor” policy. The decision underscores the limits of the EPA’s regulatory authority, emphasizing state sovereignty in managing local environmental issues.