to strip the U.S. Securities and Exchange Commission of one of its key enforcement processes, deciding in a 6-3 vote that the federal agency’s use of in-house judges is a violation of the constitutional right to a jury trial.
In addition to kneecapping the SEC’s enforcement abilities, the decision could have far-reaching implications for other federal agencies who have historically been able to handle enforcement via internal processes, including the National Labor Relations Board which is Chief Justice John Roberts delivered the majority opinion, writing,"A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator."
"In reaffirming all this today, the Court hardly leaves the SEC without ample powers and recourse," Gorsuch wrote.
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