Liberal Justice Sotomayor bemoans 'dismantling' of federal agency power as Supreme Court curbs SEC
The Supreme Court put new limits on the power of the Securities and Exchange Commission to enforce securities laws — the latest ruling in a series of cases that take aim at federal agencies.
WASHINGTON — Liberal Justice Sonia Sotomayor accused the Supreme Court's conservative majority of seizing power for itself as it curbs the authority of federal agencies in a series of rulings, including one Thursday that went against the Securities and Exchange Commission.
She said in a dissenting opinion that the ruling, which limits the SEC's ability to enforce securities laws, was part of a "disconcerting trend" in which the court has pared back the power of regulators.
She cited other recent decisions in which the court made it easier for presidents to fire the heads of independent agencies and limited the authority of in-house judges.
"Make no mistake, today's decision is a power grab," Sotomayor wrote. She took the additional step of reading a summary of her dissent from the bench, something justices do when they are particularly upset with decisions.
In Thursday's decision, the court ruled 6-3 that the adjudication of cases by the SEC's in-house judges violates the right to trial by jury. The ruling could also have implications for other agencies that use similar procedures.
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