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Supreme Court questions federal agencies’ ability to serve as judge and jury

November 29, 2023

… “The court focused almost exclusively on the jury trial question, with the justices plumbing different approaches to the difficult line-drawing questions,” said Peggy Little, an attorney at New Civil Liberties Alliance. “There’s a decent chance the 5th Circuit could be narrowly affirmed on jury trial rights where the claim maps the elements of common law actions and seeks civil penalties.”

“Because there was no argument at all on the other two certified questions, it is impossible to speculate on whether the court plans to reach those, or if so, what the decision might be,” Little said of the other two questions…


Originally Published in Washington Examiner