SEC Argues for Use of In-House Judges to Enforce Public Rights

The Securities and Exchange Commission should be allowed to adjudicate matters involving public rights using in-house administrative law judges, Solicitor General Elizabeth Prelogar said in a brief urging the US Supreme Court to reverse an appellate court decision.

The US Court of Appeals for the Fifth Circuit wrongly declared a federal statute invalid, rejected longstanding practice and contradicted or misapplied Supreme Court precedent in ruling against the commission’s use of ALJs, she said in the reply brief filed Monday.

Respondent George Jarkesy hasn’t demonstrated that Congress violated the Seventh Amendment guarantee of a trial by jury in authorizing the SEC ...