Liberal Justice Sotomayor bemoans 'dismantling' of federal agency power as Supreme Court curbs SEC
The case is one of several on the docket in which the conservative-majority court is weighing business-backed efforts to curb the power of federal agencies.
She said in a dissenting opinion that the ruling, which limits the SEC's ability to enforce securities laws, was part of a "disconcerting trend" in which the court has pared back the power of regulators.
She cited other recent decisions in which the court made it easier for presidents to fire the heads of independent agencies and limited the authority of in-house judges.
"Make no mistake, today's decision is a power grab," Sotomayor wrote. She took the additional step of reading a summary of her dissent from the bench, something justices do when they are particularly upset with a decision.
In Thursday's decision, the court ruled 6-3 that the adjudication of cases by the SEC's in-house judges violates the right to trial by jury. The ruling could also have implications for other agencies that use similar procedures.
The case is one of several the court heard in its current term involving conservative and business-led attacks on the power of federal agencies. The court’s 6-3 conservative majority is often sympathetic to such arguments.
Sotomayor referenced the ongoing assault on what has been dubbed "the administrative state" by critics.
"Litigants seeking further dismantling of the 'administrative state' have reason to rejoice in their win today, but those us us who cherish the rule of law have nothing to celebrate," she wrote.
http://www.nbcnews.com/politics/supreme-court/supreme-court-curbs-sec-powers-enforce-securities-laws-rcna143446?
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