In the upcoming year, SEC rulemaking will need to adjust to new legal and political realities. Recent US Supreme Court decisions have recalibrated the authority of federal agencies, not the least the SEC, to write and interpret the rules they are charged by Congress with implementing.
A new presidential administration will now set the Securities and Exchange Commission’s policy direction and approach to rulemaking, while future court decisions on legal challenges to the SEC’s authority and its legal interpretations will likely further constrain the agency’s actions.
Supreme Court Decisions Upend Agency Deference
The anticipated change to the SEC’s rulemaking approach ...
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