A new case coming before the Supreme Court Wednesday has fans of the federal administrative state in their own state of panic. In the case Securities and Exchange Commission v. Jarkesy there is a real chance that the very backbone of the rampant powers of the Swamp could be ripped out.
The case involving conservative radio talk show host and fund manager George R. Jarkesy Jr., is challenging the enforcement capability of the SEC through its system of in-house administrative law judges instead of federal courts to judge cases as reported by Reason.
David McGarry, a policy analyst at the Taxpayers Protection Alliance explained for the outlet,
“In Securities and Exchange Commission’s (SEC) v. Jarkesy, the justices will determine the constitutionality of the agency’s system of in-house administrative law judges (ALJs), bureaucrats who often act as judge and jury in the agency’s enforcement actions. Since many federal agencies—including the Federal Trade Commission (FTC), the Environmental Protection Agency, and the Postal Service—utilize ALJs, the case’s outcome will reverberate across the administrative state.”
Jarsky who was accused by the SEC of…
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