Federal Managers Association
By Eric Katz, Government Executive
The Supreme Court on Thursday reversed federal agencies’ longstanding capacity to adjudicate and enforce certain federal laws, dealing the latest in a series of blows to the executive branch’s administrative powers.
In a 6-3 decision, the conservative majority on the court rejected the Biden administration's argument that existing precedent protected agencies as they adjudicated laws written by Congress, instead suggesting individuals and private entities had a right to defend themselves from civil penalties before a jury. The Seventh Amendment to the Constitution, which guarantees a right to a trial before a jury of peers, applies to cases involving administrative penalties, the court ruled.
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