Posted on 11/29/2023 12:58:22 PM PST by CFW
The Republican-appointed majority on the Supreme Court appears skeptical of the Securities and Exchange Commission's powers to conduct in-house adjudications without juries in a case that could disrupt the administrative state.
Justices heard oral arguments on Wednesday involving hedge fund manager and conservative radio jockey George Jarkesy, whom the SEC fined and barred from the industry after determining he had committed securities fraud. In a bid to avoid commission-appointed administrative law judges deciding his case behind a bureaucratic curtain, Jarkesy appealed to the federal courts, arguing the agency's procedures infringed on his Seventh Amendment right to a jury trial.
Jarkesy achieved favor from the U.S. 5th Circuit Court of Appeals in a 2022 ruling when the court held that the SEC's in-house proceedings violated the constitutional right to a jury trial and tore through presidential and constitutional powers.
During oral arguments Wednesday, Chief Justice John Roberts, an appointee of former President George W. Bush, said it was "curious" that federal agencies such as the SEC appeared to exert more leverage on daily life than in the past, a position that a majority of the court appeared to agree with in some capacity.
(Excerpt) Read more at washingtonexaminer.com ...
Wait until they nuke Chevron Deference. Without that, a pen and a phone just won’t have the same value anymore.
Sane with the IRS and Tax “Court”.
How would you like a few more “protestors” in your front yard, Mr. Conservative Justice ?
During oral arguments Wednesday, Chief Justice John Roberts, said it was “curious” that federal agencies such as the SEC appeared to exert more leverage on daily life than in the past, a position that a majority of the court appeared to agree with in some capacity.
Time to fix the situation.
Does this mean that the SCOTUS’ American contingent is finally getting off its knees and going to address things tyrannical?
I understand that, if the USSC finds the OBVIOUSLY unconstitutional delegation of lawmaking power to the Executive Branch, and the EQUALLY OBVIOUSLY unconstitutional delegation of the judicial power to the Executive Branch to be, in fact, a violation. that the state will collapse.
Congress lacks the capacity to do 5% of what it intends in most legislation it passes.
And yet, it’s hard to see how this can pass the Court.
This thread should be bigly important.
Maybe because Robert has his own questionable stock transactions??
“Does this mean that the SCOTUS’ American contingent is finally getting off its knees and going to address things tyrannical”
https://freerepublic.com/focus/f-bloggers/4200122/posts
“U.S. Supreme Court Blocks Florida Law that Protects Children from Sexually Explicit Drag Shows”
Despite you citing a case that has nothing to do with defining constitutional boundaries between the legislative and executive branches, the decision will be 9-0 in favor of slapping down the bureaucrat fascists.
☹
The Chevron Deference will be tossed on the ash heap of history. It was created by the U.S. Supreme Court.
The U.S. Supreme Court also created qualified immunity for government employees and absolute immunity for civil liability for judges and prosecutors. Judges would be a lot more careful if they didn’t have absolute immunity
Post 15—— AMEN and amen.
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