WASHINGTON — The Supreme Court on Wednesday will hear a broad legal attack on the Securities and Exchange Commission, giving the conservative majority another chance to curb the power of federal agencies.

The case is one of three on the Supreme Court’s docket considering what has been broadly described as an attack on the administrative state led by conservative groups and business interests. The court, which has a 6-3 conservative majority, has frequently been supportive of such efforts.

The challenge focuses on the power the SEC has to enforce securities laws, including those prohibiting insider trading. The SEC uses in-house proceedings presided over by administrative law judges or sues in federal court. In both sets of proceedings, it can seek financial penalties.

Those subject to the in-house proceedings have bristled, saying they violate their rights and give the SEC too much power by essentially creating a home-court advantage.

One critic is hedge fund manager George Jarkesy, who brought the legal challenge after he faced SEC claims that he violated securities laws by making misstatements and omitting relevant information in communications with investors while he was overseeing two hedge funds.

“It is widely recognized that the SEC virtually always wins in its own home courts,” Jarkesy’s lawyers said in court filings. 

After an in-house proceeding in 2014, Jarkesy and his firm were ordered to pay a $300,000 penalty, and he was barred from certain roles in the securities industry. The firm was also ordered to return nearly $685,000 in what the SEC considered “illicit gains.”

Jarkesy’s legal crusade has the backing of billionaires Elon Musk and Mark Cuban.

The case raises three weighty constitutional questions that could weaken the SEC’s powers, at least when it comes to the in-house proceedings.

One is whether the adjudication of cases by the in-house judges violates the right to trial by jury under the Constitution’s Seventh Amendment.

Another is whether the SEC has the authority to decide whether cases can proceed in-house or in court.

The third is whether the SEC judges are improperly protected from losing their jobs because they can be removed only “for cause.”

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals ruled against the agency on all three counts, prompting the SEC to ask the Supreme Court to intervene.

In defending the current process, Solicitor General Elizabeth Prelogar said Congress had the authority to allow the SEC to enforce securities laws using in-house judges.

When the court heard the first of its administrative agency cases in October, it did not appear receptive when it considered a bid to weaken the Consumer Financial Protection Bureau.

In January, the court will weigh whether to overturn a landmark ruling from 1984 that gave federal agencies leeway to interpret the law when a statute is not clear. 

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like
Daredevil who performed at Super Bowl with Madonna killed in Utah canyon BASE jump

Super Bowl Stunt Legend Who Performed With Madonna Dies in Tragic Utah Canyon BASE Jump

Andy Lewis, the daredevil athlete who thrilled millions during Madonna’s 2012 Super…
'Hell on Wheels' killer Mackenzie Shirilla's mom whines about daughter struggling 'mentally' in prison

Mackenzie Shirilla’s Mom Says ‘Hell on Wheels’ Killer Is Struggling Mentally Behind Bars

Natalie Shirilla says her daughter, convicted murderer Mackenzie Shirilla, is having a…
Gavin Newsom’s wife fires back at Trump over DOJ investigation

Jennifer Siebel Newsom Slams Trump as DOJ Probe Ignites New California Political Firestorm

Jennifer Siebel Newsom is forcefully pushing back against a reported Department of…
'Resilient' art piece by Damon Lamar Reed installed in spot where burning cross was found in Grant Park, Chicago

Chicago Unveils Damon Lamar Reed’s “Resilient” in Grant Park at Site of Burned Cross

CHICAGO (WLS) — A public artwork titled “Resilient” returned to Grant Park…
Chicago weather: NWS confirms up to 17 tornadoes hit Illinois, Indiana last Thursday

NWS Confirms as Many as 17 Tornadoes Struck Illinois and Indiana Last Thursday

CALUMET CITY, Ill. (WLS) — The National Weather Service has verified that…
Deadly ‘fox tapeworm’ linked to lethal disease detected in West Coast wildlife

Deadly Fox Tapeworm Found in West Coast Wildlife, Raising Concerns Over Fatal Disease

A parasitic tapeworm called Echinococcus multilocularis — commonly known as the “fox…
Austin Metcalf's father rips former Frisco schools chief as 'spineless' over Karmelo Anthony graduation

Austin Metcalf’s Father Slams Ex-Frisco ISD Superintendent as ‘Spineless’ Over Karmelo Anthony Graduation Controversy

Karmelo Anthony supporters make ‘disgusting’ comments about murder victim after verdict Fox…
Missouri skydiving plane crash that killed all 12 aboard is a 'devastating loss,' company says

Missouri Skydiving Plane Crash Kills 12; Company Calls It a “Devastating Loss”

Skydive Kansas City, the company linked to the Missouri plane crash that…
Why the millionaire co-founder of e.l.f. Cosmetics left his beauty empire to become a Catholic priest

Why e.l.f. Cosmetics’ Millionaire Co-Founder Walked Away From Business to Become a Catholic Priest

Scott Vincent Borba helped build e.l.f. Cosmetics into a major beauty brand,…
DJ Peter Rosenberg catches heat for claiming Karmelo Anthony should have gotten lighter sentence in Austin Metcalf's murder

Peter Rosenberg Faces Backlash After Saying Karmelo Anthony Deserved a Lighter Sentence in Austin Metcalf Murder Case

Radio host Peter Rosenberg is facing heavy backlash after suggesting that Texas…
Gavin Newsom says he's being investigated by Department of Justice

Newsom Says Department of Justice Is Investigating Him

California Gov. Gavin Newsom on Monday claimed that President Trump has ordered…
Grayslake train crash: Virginia Girmscheid, bicyclist hit by Canadian National freight near Lake St., Hillside Ave., remembered

Grayslake Train Crash: Bicyclist Virginia Girmscheid Remembered After CN Freight Collision Near Lake Street and Hillside Avenue

GRAYSLAKE, Ill. (WLS) — A coworker is remembering a suburban bicyclist killed…