A Battle in the 'War Over the Administrative State'

  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’s decision to charge them with wide-ranging securities fraud. The decision’s text  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’s enforcement ability.

Courtney Bublé joined the podcast to discuss the case and its implications.

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

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