For those of you that are unable to access the link, this article concerns the upcoming Supreme Court case of SEC v Jarkesy. It talks about a family farm that was ruined by the Department of Labor over what amounted to an entirely trivial omission.
Right now, administrative agencies are effectively judge, jury and execution and these administrative law judges work for these agencies and thus have every motivation to rule in favor of the agencies, facts be damned. Only after a person has completed the in house agency process can they appeal to a neutral Article III Court and by then it is typically too late.
A ruling for Jarkesy would put a permanent end to these kangaroo courts and would require these disputes to be settled in Article III Courts, including with a jury should the defendant demand such.
This would not effect administrative law courts for Social Security and Medicare that only adjudicate government benefits.
Hopefully, we get an unambiguous victory in Jarkesy.
…and then I ask myself, how did “we” get here in the first place? Even though the system may be changed due to this case and solve this problem, what ever was the factor in the equation that created this…is still here.
These courts have existed since 1934. Their powers and jurisdiction have fluctuated over the years, but neither Republicans nor Democrats have done anything to rein them in once it was clear they were becoming abusive.
It’s not the courts that are the issue. It’s the fact that the bureaucrats were able to do an end around them and prosecute people without going to court. It kind of reminds me of J6-vu…all over again. The bureaucrats that created this problem…are still employed.
I have covered this in my Supreme Court December sitting OP as well, but wanted to update this one.
It looks like the Supreme Court, as clearly evidenced by oral arguments, is going to rule in favor of eliminating the SEC’s administrative law courts and force these significant cases to be litigated where they belong, in the Article III Courts.
At the same time, administrative law courts that adjudicate only benefits will not be affected.
not true. they decide if a person is disabled. my wife, whi is disabled had a hearing years ago and was denied disability by one of these jerks because they decided, not that she wasn’t disabled, but that she did not have the disease the doctors diagnosed her with. there was absolutely no testimony or evidence to support that.
