Such tribunals, common in executive agencies, hear enforcement actions without juries, a practice that challengers said violated the Constitution.
The agency, like other regulators, brings some enforcement actions in internal tribunals rather than in federal courts. The SEC’s practice, Chief Justice John Roberts wrote for a six-justice majority in a decision divided along ideological lines, violated the right to a jury trial. The case is one of several challenges this term to the power of administrative agencies, long a target of the conservative legal movement. The court last month rejected a challenge to the constitutionality of the way the Consumer Financial Protection Bureau is funded. In January, it heard arguments in a pair of challenges to the Chevron doctrine, a foundational principle of administrative law that requires judicial deference to agencies’ reasonable interpretations of ambiguous statutes.
Lawyers for the agency said juries were not required in administrative proceedings because they were not private lawsuits but part of an effort to protect the rights of the public generally. They added that agency adjudications without juries are commonplace, with two dozen agencies having the authority to impose penalties in administrative proceedings.
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