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Will the Federal Administrative Judiciary Survive Jarkesy v. SEC? [CC]
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Will the Federal Administrative Judiciary Survive Jarkesy v. SEC? [CC]
The Fifth Circuit's decision challenges the validity of the federal administrative judiciary. Two experts in the field of administrative law and two federal administrative law judges discuss the possible outcome.
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Closed Captioned.
The federal administrative judiciary is tasked with fact-finding and applying the law in many areas that affect the public. These areas include securities law, social security disability claims, immigration, equal employment opportunity for federal employees, occupational safety and health, black lung disease, Medicare/Medicaid fraud, the Coast Guard, and other labor laws.
The Fifth Circuit's decision in Jarkesy v. SEC maintains that Congress unconstitutionally delegated legislative power to the SEC by allowing it to choose whether to bring actions before the SEC's internal administrative law judges or a federal court, thereby circumventing the Seventh Amendment. Although the decision found Congress could assign statutory claims to the non-Article III adjudicators, the court also found that the statutory removal restrictions for the administrative law judges, who were inferior officers, violated the President's power of removal under the Take Care Clause.
Based upon this decision, many are left to wonder whether the administrative judiciary will continue to have a role, or whether this case is a bellweather to dismantle the institution. This program endeavors to answer these questions. During this program panelists will:
- Provide a brief history of the federal administrative judiciary
- Provide the history behind Jarkesy v. SEC, 34 F.4th 446 (5th Cir. May 18, 2022).
- Identify the holdings in Jarkesy
- Compare potential outcomes for the federal administrative judiciary based upon Jarkesy and
- Identify how federal agencies responded to Lucia v. SEC, 138 S.Ct. 2044 (2018).
Product Details
Moderators
Sponsors
Thomson Reuters, Judicial Division
Product Code
JD2210FALJOLC
Duration
90
Publication Date
10/6/2022 12:00:00 AM
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