The US Supreme Court has accepted only a couple dozen cases so far for the 23–24 term. Several of them present frontal attacks on federal regulatory agencies through a variety of legal theories.
Loper-Bright and Relentless, which signal the potential end of Chevron deference are, of course, critical for federal agencies. But other cases this term threaten to throw the administrative state into chaos.
The End of Agencies? SEC v. Jarkesy
The SEC determined in 2020 that George Jarkesy Jr. committed securities fraud. The Fifth Circuit vacated that decision, holding it was unconstitutional for three independent reasons:
- the SEC’s ...
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