SEC vs. Jarkesy

[Jason Harvestdancer]

This title is a SCOTUS case, SEC vs. Jarkesy.

Jarkesy was some financial guy who was accused of breaking SEC rules.  Okay, whatever.  The SEC tried him in an Administrative court and found him guilty.  He then decided to appeal on 8th amendment grounds.  Wow.

It is now going all the way to the SCOTUS.

If successful ... it will do great harm to the Administrative State.  No more Administrative courts, the agencies will have to take every case to federal court.

Wikipedia - SEC v Jarkesy

[the_antithesis]

Cruel and unusual punishment?

Going to have a hard time with that since big pant finance guys like that tend to go to prison so often, it's practically a time share to them.

[Jason Harvestdancer]

Trial by Jury.  Did I name the wrong amendment?  Probably.

In Administrative Courts, you don't get a trial by jury.

[the_antithesis]

Looked it up and it's apparently Article Three, 6th Amendment, 14th Amendment.

[Jason Harvestdancer]

Okay, 6th Amendment grounds.  It's still a major case.

If the court rules in favor of Jarkesy, there won't be any more administrative courts.  All agencies will have to take their cases to federal courts.

Not all agencies have that power, so they won't be able to do anything.

Even the ones that have that power, the federal courts are pretty busy so they will have to prioritize greatly and try far fewer cases.