Cato Daily Podcast
Adjudicating Federal Agency Claims after Jarkesy
Jul 8, 2024
Will Yeatman and Jennifer Schulp discuss the Supreme Court's Jarkesy decision shifting federal agency claims to traditional courts. They explore the impact on administrative adjudication practices, civil penalties, and due process in agency proceedings. The podcast also touches on recent Supreme Court rulings affecting administrative law.
23:24
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Quick takeaways
- Supreme Court decisions like Jarkasy shift agency adjudications to real courtrooms, reducing agency judicial authority.
- Introduction of civil money penalties post-1970 raised constitutional questions, impacting regulated entities financially.
Deep dives
Federal Agencies and Administrative Adjudication
Federal agencies have long operated using administrative adjudication, where they act as both prosecutor and judge, granting them significant authority over defendants. However, recent Supreme Court decisions like Jarkasy indicate a shift towards having these agency adjudications conducted in real courtrooms, undermining the agencies' self-appointed judicial roles.
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