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UNBELIEVABLE: Jarkesy - The Untold Story

The Government Fined This Farm Over $550,000—Mostly for a Paperwork Violation

Joe and Russell Marino will finally get their day in court. The ruling represents a turning of the tide when it comes to the fairness of such proceedings, where agencies have long played both prosecutor and jury.

What Process Is Due Before Property Is Destroyed?

The Sixth Circuit finds a city failed to provide adequate process before demolishing a condemned mobile home.

A Texas Pipeline Giant Is Backing a Regulatory Disaster

A Texas Pipeline Giant Is Backing a Regulatory Disaster

Energy Transfer owns the pipeline that caught fire recently near Houston, and it’s setting another fire at the National Labor Relations Board with the help of right-wing jurists.

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Chief Justice Roberts, The Judicial Supremacist in Jarkesy

The Chief Justice wavers on many issues, but never in returning power to the federal judiciary.

Atlas Roofing Shrugged

Another Burger Court precedent is about to be “abandoned” or “overruled” like Roe, Lemon, Chevron, Abood, and Bakke.

Will a market crash one day be pinned on the Supreme Court? An accounting expert explains why recent rulings have him worried

In two major rulings this past month, the U.S. Supreme Court curtailed the authority of federal agencies to draft and enforce policies that affect the nation’s financial health. One important agency, the Securities and Exchange Commission, took a particularly big hit.

The Conversation

SCOTUS leaves public open to biz abuses

A series of Supreme Court rulings gutted the government's ability to protect consumers and the environment

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The Consequences and Craft of Trump v. United States

in the latest episode of Divided Argument

Let's Talk About The Debate

I wasn't planning on watching the presidential debate. Contrary to what readers may believe, I do not like politics. I much prefer the law. I'd rather read a transcript of oral argument than sit through a meaningless political debate. My agenda for last night was to finish a long post…

SEC v. Jarkesy: A Win for the Separation of Powers and the Right to Civil Jury Trial

The Supreme Court held today that the Seventh Amendment right to a civil jury trial in fraud cases was violated when an administrative law judge of the S.E.C. decided the case.

Six Points About Law and Equity in SEC v. Jarkesy

In SEC v. Jarkesy, Chief Justice Roberts offers the Court's latest opinion on the Seventh Amendment. Although most of the attention will rightly go to the public rights discussion, I want to briefly note and recap a few thing from the Court's Seventh Amendment primer, especially related to law and…

SCOTUS hears oral argument in constitutional challenge to SEC enforcement proceedings

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

The Seventh Amendment, Private Rights, and Administrative Penalties

a few comments on the oral arguments in SEC v. Jarkesy

SEC v. Jarkesy and the Future of Agency Adjudication

An important challenge to the use of agency adjudication to enforce federal regulations.

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The Guardian - US

‘Get the right cases to the supreme court’: inside Charles Koch’s network

Billionaire’s web of rightwing groups works to bring cases to court that could undermine core functionings of the US government

SCOTUS strikes down student debt cancellation plan, takes up case on agency enforcement authority

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Lots of Administrative Law On Tap for Next Supreme Court Term

The Court will consdier whether to invalidate the CFPB's funding, narrow standing, and overturn Chevron, among other things.

The Good, the Bad, and the Ugly of Jarkesy v. SEC

Assessing an aggressive Fifth Circuit opinion declaring Securities & Exchange Commission proceedings unconstituional.

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The Checks and Balances Letter, June 2022: Fifth Circuit finds constitutional flaws in SEC enforcement

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

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