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Seventh Amendment

All articles tagged with #seventh amendment

law-and-politics2 years ago•5 min saved

Supreme Court Contemplates Limiting SEC's Power in Landmark Case

The Supreme Court's conservative majority expressed skepticism about the Securities and Exchange Commission's (SEC) use of in-house legal proceedings to discipline those accused of fraud, with concerns raised about the violation of the Seventh Amendment right to a jury trial and the encroachment on executive branch prerogatives. The arguments highlighted the ongoing tension between conservatives, who believe the power of federal agencies has curtailed individual rights, and liberals, who argue that Congress should be trusted to delegate authority to address complex problems. The court also grappled with a 1977 precedent that affirmed the powers of administrative hearings, with Justice Elena Kagan asserting that Congress should decide how to solve problems and whether administrative agencies are appropriate. The case could have implications for administrative law judges across the federal government.

via The Washington Post|

#administrative-state #in-house-tribunals #law-and-politics

law-and-politics2 years ago•10 min saved

Supreme Court's Potential Rulings on Hedge Fund Managers, Financial Fraud Watchdog, and SEC's Power

The Supreme Court heard arguments in the case SEC v. Jarkesy, which focuses on whether defendants in SEC enforcement proceedings are entitled to a jury trial. While the Court's decision is likely to weaken the SEC's power to protect investors and diminish the government's ability to try complex cases, it is unlikely to result in a catastrophic attack on US state capacity. The case highlights the differences between administrative law judges and Article III judges, with the Court's Republican-appointed majority appearing eager to limit the use of administrative forums and shift power towards Article III courts. The Court is likely to rule in favor of Jarkesy, allowing his case to be heard by an Article III court with a jury trial, ultimately protecting hedge fund managers' rights over workers'.

via Vox.com|

#administrative-law-judges #hedge-fund-managers #law-and-politics

law-and-politics2 years ago•6 min saved

Supreme Court's Potential Rulings on Financial Fraud and SEC's Authority

The Supreme Court justices expressed concerns about the Securities and Exchange Commission's (SEC) enforcement actions for securities fraud, suggesting that the court may limit the agency's power. Conservative justices questioned the SEC's use of in-house administrative law judges, arguing that it violates an individual's right to a trial by jury. If the court rules against the SEC, it could impact other agencies that use similar proceedings. The case arose after the SEC brought an enforcement action for securities fraud, and the defendant challenged the proceedings, arguing they violated the Constitution. The 5th US Circuit Court of Appeals ruled in favor of the defendant, finding that certain SEC proceedings deprived individuals of their Seventh Amendment right to a civil jury. The Supreme Court seemed focused on this aspect of the case during arguments.

via CNN|

#administrative-state #financial-fraud #law-and-politics