#SCOTUS: SEC vs Jarkesy vs the Administrative State. Richard Epstein, Hoover Institution.
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 29 June 2024
⏱️ 14 minutes
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Summary
#SCOTUS: SEC vs Jarkesy vs the Administrative State. Richard Epstein, Hoover Institution.
https://www.wsj.com/articles/sec-v-jarkesy-supreme-court-trial-by-jury-john-roberts-neil-gorsuch-5b717e71?mod=editorials_article_pos5
SCOTUS 1923
Transcript
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| 0:00.0 | Hi in the world, I'm John Bachelor. |
| 0:01.8 | Wall Street Journal, editorial, a Supreme Court triumph for trial by jury. |
| 0:07.4 | Subhead, a sixth free majority in SEC versus Jarksy, |
| 0:11.2 | strikes a blow for liberty against the administrative state by ruling that |
| 0:17.6 | federal agencies can't deny defendants their day in federal court. I welcome my good colleague Professor Richard Epstein of |
| 0:26.7 | the Hoover Institution, a senior fellow, teaches law at NYU and the University of Chicago. |
| 0:31.6 | And over these years, more than a decade now Richard has |
| 0:35.7 | educated me into the dangers of the administrative state with trial judge |
| 0:41.9 | jury and jailer all in the same room. |
| 0:45.0 | Richard, I do not speak with confidence, but I believe SEC versus Jarksi is a victory for your presentation to me these many years |
| 0:57.4 | that the administrative state has overstayed its welcome and it needs to rethink its activities. In this particular instance it's |
| 1:06.2 | the SEC but I believe this would apply to all aspects of the administrative state when they |
| 1:12.0 | charge they condemn and they jail in one room. |
| 1:16.0 | Good evening to you. |
| 1:17.0 | Yes, well I think you're clearly right about the major premises but it's extremely |
| 1:21.0 | important to understand the way in which this is set up not only here but in other cases. |
| 1:26.2 | So this also happens with the Patent and Trade Office as well as with the SEC. |
| 1:31.0 | And the basic scheme that was introduced when we dealt with this stuff back in 2011 under the |
| 1:38.4 | Dodd-Frank Act was that we said we have commissions and they have five people but the commissions |
| 1:43.7 | are instantly politicized because three of them are from the party the president |
| 1:47.3 | they're two from the other party and nothing is more common and defined |
| 1:50.8 | three two disputes in which the two in dissent essentially |
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