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To: marktwain

This case strikes down the ability, in essence, to make it sown determination that its actions fall within its statutory mandate. Judges were require to defer to that opinion (this was always insane.) now judges will make the decision. It’s always a question of law and the judge, not the jury, decides questions of law. So you’ll have left wing judges backing agency decisions, but not always, and the decision will be subject to appeal. The appellate courts will look at the issue “de novo,” that is, the issue in a given case will be subject to fresh review in the appellate courts


10 posted on 06/28/2024 8:33:00 AM PDT by j.havenfarm (23 years on Free Republic, 12/10/23! More than 8,000 replies and still not shutting up!)
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To: j.havenfarm
You are correct. I conflated this case with Thursday's decision in SEC v Jarkesy.

SEC v Jarkesy clarifies the right to a Jury trial in administrative agency civil cases.

12 posted on 06/28/2024 8:58:08 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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