41–50 of 191 posts
The gist of the decision is that the SEC’s imposition of civil penalties and disgorgement violated defendants’ seventh amendment right to a jury trial. Under the seventh amendment, you have a right to a jury trial for any claim that would have been an action at law in the courts of England at the time of the founding, prior to the merger of law and equity.[1] There is an additional principle that so called “public ri…
Sets an interesting precedent for literally every other federal body that "acts as prosecutor and judge" while skipping the judicial system. Should everyone fighting an immigration or deportation case be able to request a jury trial? What about the military? Labor violations? EPA fines?
The end-goal doesn't appear to be justice for the aggrieved party but more so the elimination of agency-issued oversight. The jurisprudence seems to follow the idea that if the legislator didn't explicitly grant or disallow an agency to do something or regulate something then that agency has absolutely no power at all to do it.
On a basic level this seems to make sense but the practical application of this would mean that legislators would need to explicitly pass legislation anytime a regulatory body needs to address a specific issue or regulate some behavior (that presumably they already had the authority to regulate by the very nature of the agency being created).
This _may_ be a regular case that naturally found its way into the legal system - but the 5th circuit has the history that it does and the targets of these lawsuits (SEC, EPA, etc) typically have deep-pocketed foes.
[0] https://www.npr.org/2022/02/28/1082934438/supreme-court-to-h...
The gist of the decision is that the SEC’s imposition of civil penalties and disgorgement violated defendants’ seventh amendment right to a jury trial. Under the seventh amendment, you have a right to a jury trial for any claim that would have been an action at law in the courts of England at the time of the founding, prior to the merger of law and equity.[1] There is an additional principle that so called “public ri…
Very helpful. Seems like it could be a huge deal. Am curious what the impact from a caseload perspective would be? How many actions are handled on an administrative basis vs how much capacity the relevant court systems have? And impact on duration- administrative actions typically handled in x time, courts take y time. Would love pointers if anyone has them.
The gist of the decision is that the SEC’s imposition of civil penalties and disgorgement violated defendants’ seventh amendment right to a jury trial. Under the seventh amendment, you have a right to a jury trial for any claim that would have been an action at law in the courts of England at the time of the founding, prior to the merger of law and equity.[1] There is an additional principle that so called “public ri…
The gist of the decision is that the SEC’s imposition of civil penalties and disgorgement violated defendants’ seventh amendment right to a jury trial. Under the seventh amendment, you have a right to a jury trial for any claim that would have been an action at law in the courts of England at the time of the founding, prior to the merger of law and equity.[1] There is an additional principle that so called “public ri…
Also, personally it drives me crazy when American legal discussions fall back to English legal traditions. Didn’t we fight a big revolution so we wouldn’t have to live with all that baggage? I’m not a lawyer so I know I’m out of my depth. But as a U.S. citizen living under a written Constitution, I have a hard time understanding why my country should make itself beholden to England’s legal history specifically.
* SEC's in-house judges violate U.S. Constitution by denying fraud defendants their right to a jury trial and acting without necessary guidance from Congress
* The court ruled 2-1 in favor of hedge fund manager George Jarkesy Jr and investment advisor Patriot28 LLC, overturning an SEC administrative law judge's determination that they committed securities fraud.
* Davis also split from the majority's holding that SEC judges are unconstitutionally protected from being fired.
Currently, ALJs can only be removed for cause, and the only people who can remove them are SEC Commissioners and Merit Systems Protection Board members [3].
[1] https://www.gibsondunn.com/supreme-court-rules-that-sec-aljs...
[2] https://en.wikipedia.org/wiki/Administrative_law_judge
[3] https://nclalegal.org/2021/01/u-s-supreme-court-will-not-hea...
"The Supreme Court is, no doubt, the nation’s most powerful court. But the 5th Circuit, the federal appeals court that covers Louisiana, Mississippi and Texas, is staking out a claim to be the most dangerous — the least wedded to respecting precedent or following an orderly judicial process. The 5th is arguably the most conservative among the country’s dozen appeals courts." - https://www.washingtonpost.com/opinions/…
"The Supreme Court is, no doubt, the nation’s most powerful court. But the 5th Circuit, the federal appeals court that covers Louisiana, Mississippi and Texas, is staking out a claim to be the most dangerous — the least wedded to respecting precedent or following an orderly judicial process. The 5th is arguably the most conservative among the country’s dozen appeals courts." - https://www.washingtonpost.com/opinions/…
This is silly. A conservative opinion writer could write the exact same thing about the 9th circuit court.
[1]: https://en.wikipedia.org/wiki/United_States_Court_of_Appeals...
The gist of the decision is that the SEC’s imposition of civil penalties and disgorgement violated defendants’ seventh amendment right to a jury trial. Under the seventh amendment, you have a right to a jury trial for any claim that would have been an action at law in the courts of England at the time of the founding, prior to the merger of law and equity.[1] There is an additional principle that so called “public ri…
What about executive orders?
That seems like extreme overreach of the executive branch.
It's it being used in an emergency either.
The presidents are issuing hundreds of them during their terms.