This is the Kainter Daily Podcast for Wednesday, May 10th,

2023.

I'm Caleb Brown.

To what extent can a regulatory agency deny you the right to take the claims they're making against you to a real

court also known as an Article 3 court. Cato's Tommy Berry comments on a case that

holds implications for your seventh amendment right to a jury trial.

Who is Cornelius, Campbell Burgess?

Well I don't know a ton of details about him, but most relevant to our discussion, he was fined $200,000 by the Federal Deposit Insurance Corporation, which is a federal agency that examines various

dealings in the banking industry, things of that nature after some dealings went south there was controversy over whether he

had potentially violated some federal regulations and the agency also

barred him from continuing in his job in his current position. But most

controversially, the agency did this not through a jury trial in federal district

court with a jury of his peers, but instead in an administrative

proceeding within the very agency an administrative law judge who

essentially had the authority unilaterally to both decide the facts and the law as to whether Mr. Burgess had violated these regulations.

And then although Mr. Burgess had the right to appeal that to a federal court of appeals,

those factual determinations were essentially binding on the court of appeals unless they found

clear error.

So did they keep him out of court?

Yes, they kept him out.

He did not have the option to go to federal district court

and go through the normal process of having a Article III judge

...