The Supreme Court on Wednesday will hear arguments in a case that hinges on whether, as a legal matter, Congress can blend powers the Framers of the Constitution carefully kept separated.
In Securities and Exchange Commission's (SEC) v. Jarkesy, the justices will determine the constitutionality of the agency's system of in-house administrative law judges (ALJs), bureaucrats who often act as judge and jury in the agency's enforcement actions. Since many federal agencies—including the Federal Trade Commission (FTC), the Environmental Protection Agency, and the Postal Service—utilize ALJs, the case's outcome will reverberate across the administrative state.
