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Articles for Jarkesy

Legal experts warn SCOTUS rulings leave public vulnerable to "horrible abuses" by big business
5 months, 1 week ago

Legal experts warn SCOTUS rulings leave public vulnerable to "horrible abuses" by big business

Salon  

A series of Supreme Court decisions weakening the power of federal agencies are poised to make it harder for the government to protect the public from abuses and dangers from fraudulent investment funds to air pollution – all while making it easier for well-funded industry groups to ask Trump-appointed judges to upend regulations, according to legal experts. “The Supreme Court …

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Sonia Sotomayor Is Trying to Warn Us About the Supreme Court’s Dirtiest Open Secret
5 months, 3 weeks ago

Sonia Sotomayor Is Trying to Warn Us About the Supreme Court’s Dirtiest Open Secret

Slate  

On Thursday morning, the Supreme Court handed down a case that poses an existential threat to federal regulatory agencies’ ability to do their work in an efficient and effective fashion. I mean, Congress built up much of the modern administrative state on the basis of the Supreme Court’s promise that it could do this kind of thing. The Supreme Court …

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The Supreme Court strips the SEC of a critical enforcement tool in fraud cases
5 months, 3 weeks ago

The Supreme Court strips the SEC of a critical enforcement tool in fraud cases

Associated Press  

WASHINGTON — The Supreme Court on Thursday stripped the Securities and Exchange Commission of a major tool in fighting securities fraud in a decision that also could have far-reaching effects on other regulatory agencies. The in-house proceedings the SEC has used in some civil fraud complaints, including against Houston hedge fund manager George Jarkesy, violate the Constitution, the court said. …

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Supreme Court makes it harder for SEC to punish fund managers accused of defrauding investors
5 months, 3 weeks ago

Supreme Court makes it harder for SEC to punish fund managers accused of defrauding investors

LA Times  

The seal of the U.S. Securities and Exchange Commission at SEC headquarters in Washington. The Supreme Court on Thursday made it harder for the Securities and Exchange Commission to penalize fund managers accused of defrauding investors. In a 6-3 decision, the justices said those accused of stock frauds are entitled to a jury trial in a federal court, not an …

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Column: Elon Musk is suing to stop the government from enforcing labor laws. The Supreme Court might agree with him
10 months, 3 weeks ago

Column: Elon Musk is suing to stop the government from enforcing labor laws. The Supreme Court might agree with him

LA Times  

Elon Musk at SpaceX headquarters in Hawthorne: No fan of government regulations, but you knew that. — Catherine Fisk, UC Berkeley Now he’s trying what may be his most audacious flip-off to regulators yet: Faced with an accusation by the National Labor Relations Board that SpaceX improperly fired nine employees in 2022, among other illegal acts, the company, which is …

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The Supreme Court Has Figured Out How to Gut a Bunch of Crucial Federal Laws at Once
54 years, 11 months ago

The Supreme Court Has Figured Out How to Gut a Bunch of Crucial Federal Laws at Once

Slate  

This is part of Opening Arguments, Slate’s coverage of the start of the latest Supreme Court term. For nearly 50 years, Kagan declared, “no one has had the chutzpah” to make the argument before the court that the Securities and Exchange Commission had no right to fine wrongdoers—an anti-historical, anti-textual theory that would hobble the federal government’s ability to enforce …

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Conservative Supreme Court justices seem open to an attack on the Securities and Exchange Commission
1 year ago

Conservative Supreme Court justices seem open to an attack on the Securities and Exchange Commission

Associated Press  

WASHINGTON — Conservative Supreme Court justices on Wednesday seemed open to a challenge to how the Securities and Exchange Commission fights fraud, in a case that could have far-reaching effects on other regulatory agencies. But Chief Justice John Roberts, signaling his concerns with the power of federal regulators, noted that “the impact of governmental agencies on daily life today is …

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The 5th Circuit’s Ambush Against the SEC Is Unprecedented and Shocking
2 years, 7 months ago

The 5th Circuit’s Ambush Against the SEC Is Unprecedented and Shocking

Slate  

On Wednesday, a panel of the 5th U.S. If the Supreme Court adopted it in full, the decision would significantly decrease Congress’ authority to regulate the economy and combat private corruption, magnify the powers of the courts to thwart administrative agencies, and potentially increase political control over agency adjudicators and the civil service. Consider first Elrod’s holding that the SEC’s …

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