Thursday, June 27, 2024

Supreme Court rulings, Thursday, June 27

The "leaked" opinion from yesterday is officially published today.


The Court ruled that this case was "improvidently" granted hearing before it, so essentially kicked it off the roster until a later time when it can be polished up for resubmission in a format they can greenlight a ruling against emergency abortions.







And in other cases...





This is what electing Republicans gets you...a supreme court that strips you of rights and protections, destroys the environment, and funnels your money to corporations.




...but hey, do what you want...you will anyway.

UPDATE 06:57 pm:
The dispute in Securities and Exchange Commission v. Jarkesy turns on whether a hedge fund manager accused of defrauding investors is entitled to a jury trial to determine whether he violated federal securities law, or whether the government acted properly when it tried him before an official known as an “administrative law judge” (ALJ).

[...]

[T]he Court handed down a 6-3 decision, on a party-line vote, that could render a simply astonishing array of federal laws unenforceable. As Justice Sonia Sotomayor writes in dissent, “the constitutionality of hundreds of statutes may now be in peril, and dozens of agencies could be stripped of their power to enforce laws enacted by Congress.”

[...]

If the question of whether Jarkesy is entitled to a jury trial arose in the absence of any precedent, then he’d have a reasonably strong case that he should prevail. But, as Sotomayor lays out in her dissent, nearly 170 years of precedent cut against Jarkesy’s position.

Congress, moreover, has enacted a wide range of laws on the presumption that many enforcement proceedings may be brought before administrative law judges and not juries.

[...]

Some of these laws, including the one allowing the SEC to bring enforcement actions against people like Jarkesy, give the government a choice. That is, they allow federal agencies to bring a proceeding either before an ALJ or before a federal district court that may conduct a jury trial.

[...]

By upending this longstanding assumption, the Court may have just thrown huge swaths of the federal government — particularly enforcement by those agencies Sotomayor listed — into chaos.

  Vox


UPDATE 06/28/2024:



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