A Battle in the 'War Over the Administrative State'

Published: June 1, 2022, 7:16 a.m.

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\\xa0 Two weeks ago, the U.S. Court of Appeals for the 5th Circuit issued a 2-1 opinion in favor of hedge fund manager George Jarkesy and investment adviser Patriot28 challenging the Securities and Exchange Commission\\u2019s decision to charge them with wide-ranging securities fraud. The decision\\u2019s text\\xa0 seemingly argues against the role of subject matter experts and administrative law power of agencies and civil servants, potentially delivering a huge blow to the administrative state\\u2019s enforcement ability.

Courtney Bubl\\xe9 joined the podcast to discuss the case and its implications.

Editor\'s Note:\\xa0In this\\xa0podcast\\xa0episode, host Ross Gianfortune incorrectly stated that Justice Antonin Scalia wrote the majority opinion in\\xa0Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.\\xa0Scalia was not on the court at the time. The opinion was written by Justice John Paul Stevens.

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