Supreme Court wades into term’s second major fight against the administrative state

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The Supreme Court on Wednesday will consider the Securities and Exchange Commission’s powers to enforce securities law through its in-house tribunal system rather than in court, marking the second of three major cases this term that could rock the administrative state.

Arguments in Jarkesy v. SEC come as the 6-3 Republican-appointed majority on the high court have selected a handful of cases this term that have potential to disrupt federal agency authority under President Joe Biden and future administrations to come. Justices on Wednesday will hear the government’s appeal of a 2022 ruling by the U.S. 5th Circuit Court of Appeals in favor of hedge fund manager and conservative radio jockey George Jarkesy, whom the SEC fined and barred from the industry after finding he committed securities fraud.

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