The Supreme Court’s right-wing supermajority talks a lot about the importance of history and tradition in deciding cases.
The decision, in Securities and Exchange Commission v. Jarkesy, struck down the S.E.C.’s use of in-house judges to bring enforcement actions against securities fraud.
If the agency wants to go after securities fraud, it will have to go to federal court.
When a lawsuit involves the protection of rights of the public generally, juries have never been required.
Its impact will reach far beyond securities fraud, hamstringing similar tribunals in agencies responsible for the environment, public health, food and consumer safety, worker protections and much more.
Persons:
”, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson
Organizations:
Securities, Exchange Commission