Upcoming Supreme Court Cases Could Dramatically Rein in Regulatory Agencies
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This fall, the Supreme Court will hear several cases affording promising opportunities to rein in the federal administrative state. Each encompasses weighty issues, and a Supreme Court decision on any of them would have serious repercussions for agencies and regulated parties alike.
The court also has agreed to hear a case that may restore one of the greatest innovations of free people—the jury trial—to a whole class of civil cases currently prosecuted by administrative agencies and presided over solely by judges employed by those agencies. The potential of SEC v. Jarkesy to instate the right to a jury trial in administrative civil cases could make it one of the most consequential cases of the upcoming term.
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