Even as it has ushered in sweeping changes to American law and society — on abortion, gun rights and affirmative action — SCOTUS has kept tabs on another issue of keen interest to its conservative majority: keeping federal regulatory power in check.
— the U.S. Supreme Court has kept tabs on another issue of keen interest to its conservative majority: keeping federal regulatory power in check.
"Next term is going to be a huge one at the court for cases involving the administrative state," said Brianne Gorod, chief counsel at the Constitutional Accountability Center liberal legal group. "These cases all represent challenges that are part of a long-running, multifaceted conservative attack on the administrative state, and nothing less than the ability of the federal government to function effectively is at stake.
In the latest legal attack on the SEC, the financial markets regulator, the justices will hear a Biden administration appeal of a lower court's decision striking down the agency's enforcement proceedings as a violation of the constitutional right to a jury trial. The case involves a hedge fund manager who the SEC found committed securities fraud.
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