Article

2023-04-15 -Land of the Free

SCOTUS Rules 9-0 Against Administrative State

[Epoch Times] A Supreme Court ruling on April 14 made it easier to challenge the reach of two powerful federal agencies—the U.S. Federal Trade Commission (FTC) and the U.S. Securities and Exchange Commission (SEC).

In its new red tape-cutting decision, the Supreme Court took steps to rein in the so-called administrative state and reaffirm the separation of powers doctrine. The idea behind the doctrine is to discourage the concentration of power and make sure there are checks and balances.

Critics of the administrative state claim that in-house adjudications carried out by agencies are unfair because the tribunals, unlike regular courts, lack fixed evidentiary rules, allowing the agencies to function as prosecutor, judge, and jury. They argue that the tribunals are unconstitutional because they are not politically accountable.

The litigants challenging the agencies argued they should be able to contest the way the tribunals are constituted in federal courts without first having to launch a lengthy, expensive challenge within the administrative system.

But the Biden administration argued that challengers may only proceed to court after losing in potentially expensive, protracted agency proceedings.

The new ruling encompasses two cases: Axon Enterprise Inc. v. FTC, court file 21-86, and SEC v. Cochran, court file 21-1239.

On April 14, the Supreme Court ruled (pdf) unanimously against the agencies. The court’s opinion was written by Justice Elena Kagan. Justice Neil Gorsuch did not join the court’s opinion; instead, he concurred in the judgment of the court but filed a separate opinion explaining his reasons for supporting the end result.

Posted by Bobby 2023-04-15 08:12|| || Front Page|| [21 views ] Top

#1 I'm surprised the progressive judges voted against the state.

Posted by DarthVader 2023-04-15 11:04|| 2023-04-15 11:04|| Front Page Top

#2 They court is just trying to prevent the inevitable step after allowing bureaucratic replacement of the legislature of allowing the bureaucratic take over of the courts.

Posted by Airandee 2023-04-15 11:20|| 2023-04-15 11:20|| Front Page Top

#3 Administrative State doesn't need a court/legal system.

Posted by swksvolFF 2023-04-15 11:21|| 2023-04-15 11:21|| Front Page Top

#4 It is so bad even the progressive jurors see the wrong here...

Posted by 49 Pan 2023-04-15 11:55|| 2023-04-15 11:55|| Front Page Top

#5 The left seems to be in favor of a lot of unaccountable leftist rule by fiat for a bunch of idiots who are always screeching about "democracy."

Posted by M. Murcek 2023-04-15 11:58|| 2023-04-15 11:58|| Front Page Top

#6 restart the Pinochet Helicopter Tours™ for Commies?

Posted by Frank G 2023-04-15 13:31|| 2023-04-15 13:31|| Front Page Top

#7 ;-)

Posted by Frank G 2023-04-15 13:31|| 2023-04-15 13:31|| Front Page Top

#8 Nice, but ultimately Congress - including many Republican Congresses - is to blame. They vote to give their powers to the administrative state to avoid repercussions. Unelected bureaucrats make the unpopular (with the people) decisions.

Posted by Angstrom 2023-04-15 15:27|| 2023-04-15 15:27|| Front Page Top

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