Liberal Supreme Court Justice Sonia Sotomayor on Thursday did not mince words in a dissenting opinion over the Supreme Court’s ruling that limits the authority of the Securities and Exchange Commission, accusing the conservative majority of making a “power grab” by undermining the enforcement power of federal agencies.
In a 6-3 ruling, the court said the SEC’s in-house tribunals that are overseen by administrative law judges who report to federal agencies — as opposed to federal courts — violated the right to a trial by jury.
What’s the big deal? The decision hampers the SEC’s ability to penalize people it thinks have committed fraud. It could also have major implications for the enforcement powers of other regulatory agencies.
“Litigants seeking further dismantling of the ‘administrative state’ have reason to rejoice in their win today, but those of us who cherish the rule of law have nothing to celebrate,” Sotomayor wrote.
SCOTUS ain’t done. The court has not yet issued rulings in the Trump immunity case or the case pertaining to Jan. 6 rioters, both of which touch on hot-button issues as the country barrels toward a presidential election that many voters are not especially enthused about.
