Supreme Court Ponders Federal Agencies That Act Like Courts
Dec 9, 2023
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Supreme Court case on federal agencies acting like courts; advantages and disadvantages of agencies handling cases in-house; lack of independence in agency proceedings; challenging executive discretion and rationalizing judicial power; potential shifts in administrative law and implications for rights and licensing.
The Supreme Court is considering the broad power of federal agencies to conduct their own legal proceedings, highlighting the constitutional basis for allowing agencies to adjudicate cases against regulated parties.
The potential violations of the Seventh Amendment and excessive discretion of the executive branch in agency proceedings may lead the Supreme Court to decide in favor of Jarcacy and reformulate the distinction between public and private rights.
Deep dives
Challenging Federal Agencies' Power in Court-Like Proceedings
The US Supreme Court heard the case of Securities and Exchange Commission v. Jarcacy, which questions the broad power of federal agencies to conduct their own court-like legal proceedings and delay access to federal courts. The case highlights the constitutional basis for allowing federal agencies to adjudicate cases against regulated parties, even when the agencies are parties themselves. The podcast touches upon the example of Mr. Jarcacy, an investment advisor charged with violating regulations on guarantees and selling his system as more foolproof than it was. It discusses the benefits and drawbacks of agencies conducting in-house proceedings, including their high win rate in comparison to traditional courts. It also emphasizes the importance of independent judges and juries in guaranteeing fairness.
The Seventh Amendment and Constitutional Rights
The podcast delves into the potential violations of the Seventh Amendment, which ensures the right to a civil jury trial. It highlights Jarcacy's victory on multiple grounds at the fifth circuit level, including his right to a jury and the excessive discretion of the executive branch in agency proceedings. The discussion suggests that the Supreme Court may decide in favor of Jarcacy based on the clearest violation of his constitutional rights. It also explores the broader issue of rationalizing executive versus judicial power, mentioning the possibility of the court addressing the non-delegation doctrine and reformulating the distinction between public and private rights.
Implications for Federal Agencies and Regulatory Regimes
The podcast examines the impact of the court's decision on the incentives for federal agencies to conduct administrative adjudications and license human activities. It questions the circular nature of the current jurisprudence, where highly regulated areas or those subject to comprehensive regulation are deemed public rights and can be dealt with through administrative adjudication. This creates the potential for Congress to withdraw cases from court and place them under agency control, raising concerns about the adequacy of due process and the role of public versus private rights in administrative proceedings.
The Supreme Court recently heard the case of Securities and Exchange Commission vs. Jarkesy. Cato's Tommy Berry and the Pacific Legal Foundation's Oliver Dunford evaluate what the court heard.