Supreme Court limits the SEC's ability to uphold securities laws
Sonia Sotomayor, a liberal justice, charged that the conservative majority on the Supreme Court is usurping power for itself by limiting the jurisdiction of federal agencies through a string of decisions, one of which was rendered on Thursday and which disagreed with the Securities and Exchange Commission.
In her dissenting opinion, she noted that the court's "disconcerting trend" of reducing regulators' authority included the rule that restricts the SEC's capacity to enforce securities laws.
She referenced other recent rulings by the court that curtailed the power of internal judges and made it simpler for presidents to remove the leaders of independent institutions.
"To be clear, this decision is an attempt to seize power," Sotomayor wrote. When a justice is especially unhappy with a decision, they go so far as to read a summary of their dissent from the bench.
The court decided 6-3 on Thursday that the right to a jury trial is violated when matters are decided by the SEC's internal judges. The decision might also affect other organizations that follow comparable protocols.
The case is one of many involving assaults on the authority of government agencies by conservative and corporate groups that the court has heard this term. Often, the conservative 6-3 majority on the court is receptive to these kinds of arguments.
Sotomayor brought up the ongoing attack on what some have labeled "the administrative state."
"Those of us who value the rule of law have nothing to celebrate, but litigants seeking further dismantling of the 'administrative state' have reason to rejoice in their victory today," the author said.
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