This is the Kator Daily Podcast for Saturday, December 9th,

2023. I'm Caleb Brown.

Last week, the US Supreme Court heard Securities

and Exchange Commission v. Jarkasie, a case that challenges the broad power

of federal agencies to conduct their own court-like legal proceedings and delay access to federal

courts for the people facing federal civil penalties.

It is Tommy Barry and Oliver Dunford of the Pacific Legal Foundation evaluate the oral argument

and how the Supreme Court might act.

We've discussed issues related to this before,

which is the idea that federal agencies

are able to, in many instances instances adjudicate cases in which those agencies are parties.

And they, everything sort of has the feel and look of a courtroom but of course it's not a real

courtroom in the sense that we think about going to court it is in fact an agency employee that is doing the adjudication.

So where does that stand in terms of the constitutional basis for allowing federal agencies to make their own

determinations about in a sense guilt or innocence or liability I suppose.

Yeah generally speaking the executive branch

agencies are allowed to adjudicate cases against regulated parties and in the

process can limit the party's freedom to continue to participate in the

field and can find them for violations of laws and statutes.

Tommy, what is Mr. Jarkas's position or what is his claim or the claims against him in these agency courts?

So my understanding at a very broad level

is that he was an investment advisor.

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