Supreme Court conservatives seem dubious about SEC’s in-house tribunals
The Supreme Court conservatives have expressed doubts about the constitutional validity of the U.S. Securities and Exchange Commission’s (SEC) practice of bringing enforcement actions in-house through administrative law judges appointed by the agency itself. The justices have raised concerns that the arrangement gives the agency too much power and denied defendants their due process rights guaranteed by the Constitution. Several justices suggested that such proceedings should be conducted in court rather than in administrative tribunals. The court is expected to issue its opinion on the matter before June 2020.