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How would you feel if a police officer gave you a traffic ticket based on information he had received — and the same officer was sitting in robes at the judge’s bench when you went to court to contest the ticket? Do you think you’d get an open-minded and fair hearing? Some federal agencies such as the Securities and Exchange Commission have just such a system, though it’s now being criticized by courts and could be subject to further challenges.
Recently, in Jarkesy v. SEC, the Fifth Circuit found several features of the SEC’s in-house courts to be unconstitutional. The court of appeals was concerned about the right to a jury trial in civil cases. The SEC had sued a defendant for secu
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Congress should put an end to in-house courts at the SEC
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The Hill Congress should put an end to in-house courts at the SEC How would you feel if a police officer gave you a traffic ticket based on information he had received — and the same officer was sitting in robes at the judge’s bench when you went to court to contest the ticket? Do you think you’d get an open-minded and fair hearing? Some federal agencies such as the Securities and Exchange Commission have just such a system, though it’s now being criticized by courts and could be subject to further challenges. Recently, in Jarkesy v. SEC, the Fifth Circuit found several features of the SEC’s in-house courts to be unconstitutional. The court of appeals was concerned about the right to a jury trial in civil cases. The SEC had sued a defendant for secu
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