Process
Status Items Output None Questions None Claims None Highlights Done See section below
Highlights
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these rulings further one of the prime directives of the conservative legal movement, enshrined in the Project 2025 manifesto: “deconstruct the Administrative State.” The decisions also further consolidate authority within the federal judiciary.
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In the first decision, SEC v. Jarkesy, issued Thursday, the conservative majority undercut oversight agencies’ ability to issue fines and penalties through specialized administrative proceedings instead of backlogged federal courts. In the second, Loper Bright Enterprises v. Raimondo, issued Friday, the conservative majority struck down a landmark decision about regulators’ role in interpreting the law.
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today’s decision increases the courts’ authority at the expense of the other two branches,”
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SEC decision eliminates one of the enforcement mechanisms Congress created in the wake of the 2008 financial crisis. In the Dodd-Frank Act, passed in 2010, Congress authorized the Securities and Exchange Commission to impose civil penalties against fraudsters through administrative hearings instead of a full-fledged federal trial. The Supreme Court ruled that this mechanism violated the constitutional rights of the plaintiffs — a hedge fund manager and his firm — to a jury trial.
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In a 1976 decision reviled by conservatives, Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to agencies’ reasonable interpretations of ambiguous statutes. “The Chevron doctrine was an effort by the earlier Supreme Court and lower courts to respect the separation of powers,” Zieve told The Intercept, “by respecting Congress’s decision to delegate authority to agencies to implement regulatory statutes and not aggrandizing the role of the courts.”
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It has become part of the warp and woof of modern government, supporting regulatory efforts of all kinds — to name a few, keeping air and water clean, food and drugs safe, and financial markets honest.”