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SEC vs Jarkesy: A Supreme Court case that could reshape the government.www.readtangle.com/sec-v-jarkesy-supreme-court-case/
504 sats \ 2 comments \ @0fje0 29 Nov 2023 meta
From the article:
The Wall Street Journal editorial board said [...] "At stake in SEC v. Jarkesy is a bedrock constitutional principle that colonists fought to defend in the American revolution: the right to a trial by jury.” [...] In The Washington Post, George F. Will argued the case will have “momentous implications for government power.”
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101 sats \ 1 reply \ @orthzar 29 Nov 2023
SCOTUS will find a way to preserve the SEC as it is. It has been a very long time since SCOTUS applied the nondelegation doctrine in a way that actually reduced the power of the Federal government.
But most importantly, SCOTUS is always careful to confine their decision to the case at hand. SCOTUS's decision in the Jarkesy case would at most affect a narrow aspect of the SEC's power. And they would give Congress plenty of time to make whatever minor change needs to be made. And that's the best-case scenario for the defendant.
In other words, none of the SCOTUS judges are so dumb as to undermine the power of the organization that gave them a cushy job for life.
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0 sats \ 0 replies \ @0fje0 OP 29 Nov 2023
SCOTUS will find a way to preserve the SEC as it is.
Probably.
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