The U.S. Supreme Court signaled it may open a new avenue for companies and people to fight off complaints by the Securities and Exchange Commission and Federal Trade Commission, hearing arguments in cases that could undercut the clout of two powerful market regulators.
The justices are considering whether those facing agency claims can go straight to federal court with constitutional challenges — including attacks on the use of in-house judges to handle cases. Critics say the system gives agencies an unfair home-field advantage.
“What sense does it make for a claim that goes to the very structure of the agency having to go through the administrative process?” Justice Samuel Alito asked.
