Taxpayer Watchdog Applauds Supreme Court Ruling Supporting the Right to Jury Trials

For Immediate Release

Contact: Kara Zupkus, (224) 456-0257

WASHINGTON, D.C. – This morning, in Securities and Exchange Commission (SEC) v. Jarkesy, the Supreme Court ruled that the Seventh Amendment’s guarantee of Americans’ right to a jury trial requires bureaucrats to pursue civil penalties before juries rather than their own in-house administrative law judges (ALJs). The Court correctly noted that the right to a jury trial is fundamental to the American system as well as the dangers inherent to combining prosecutorial and judicial powers within a single agency.

Responding to the decision, TPA president David Williams offered the following comment:

“The Supreme Court struck a major blow today against the structural forces that concentrate power in the executive and distort our constitutional separation of powers. Today’s decision is both good policy and a faithful interpretation of the Seventh Amendment’s promise that every American is entitled to a trial by jury. This right ensures that if the government wants to obtain a civil penalty, it must first convince a jury of citizens under the supervision of an Article III judge. The data show that ALJs harbor strong biases for the agencies that employ them, which creates grave due-process concerns.

“The Constitution is a bulwark against precisely the kinds of attempts at concentrating power that were in question today. When single agencies or branches possess the combined legislative, executive, and judicial powers – or when they serve as both prosecutor and jury – overreach and mission creep become not just possible but almost unavoidable. The balance of power also becomes hopelessly skewed against the American citizen, who, in order to protect their liberty and property, must face down democratically unaccountable bureaucrats whose powers are far more potent than the Framers would have intended.

“The Court’s decision in Jarkesy is an important and welcome step on the journey back to constitutional balance and a truly just legal system. This is hopefully the first step in striking down the problematic ALJ process at other agencies like the Federal Communications Commission.”