“The Court tells Congress how best to structure agencies, vindicate harms to the public at large, and even provide for the enforcement of rights created for the Government,” Sotomayor wrote. “There are good reasons for Congress to set up a scheme like the SEC’s. It may yield important benefits over jury trials in federal court, such as greater efficiency and expertise, transparency and reasoned decisionmaking, as well as uniformity, predictability, and greater political accountability.”
U.S. Administrative Procedure Law Exists for a Reason. The SEC Must Follow It
The regulator’s refusal to listen to dissenting opinion on its new Dealer Rule left us no option but to sue...