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Cato Daily Podcast

Supreme Court Ponders Federal Agencies That Act Like Courts

Dec 9, 2023
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.
12:11

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Quick takeaways

  • 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.

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