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GottaLaff ,
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Geidner:

Third and not last, Roberts has the 6-3 decision in SEC v. Jarkesy, affirming the Fifth Circuit on the Seventh Amendment jury trial issue. The court does not reach the other issues. Sotomayor has the liberals' dissent. https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf

Sotomayor is reading from her dissent in Jarkesy.

GottaLaff OP ,
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2/ Gerstein:

Sotomayor says majority is unleashing chaos in federal government

GottaLaff OP ,
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3/ Mystal:

This case could have basically neutered the SEC. Instead it's 6-3, party lines, Roberts opinion, but a little more limited. Roberts recast the issue as a 7th amendment case, and said that the SEC needed to give this guy a jury trial.

"When the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial." -- Roberts

GottaLaff OP ,
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4/ Mystal:

Don't get me wrong, this is still a very bad ruling from Roberts and the conservatives. It will do what Republicans love most... cause chaos in the legal system.

Basically to impose civil penalties (essentially, fines) the agencies now have to invite everybody to a full trial.

GottaLaff OP ,
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5/ Mystal:

"Beyond the majority’s legal errors, its ruling reveals a far more fundamental problem: This Court’s repeated failure to appreciate that its decisions can threaten the separation of powers. Here, that threat comes from the Court’s mistaken conclusion that Congress cannot assign a certain public-rights matter for initial adjudication to the Executive because it must come only to the Judiciary" -- Sotomayor

GottaLaff OP ,
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6/ Mystal:

A likely outcome is that the executive agencies, including the SEC, is just going to stop bringing enforcement actions. They don't have the resources to bring everybody to trial. So people are just going to get away with financial fraud... which, again, is what Republicans want.

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