SEC’s Use of In-House Judges Cast in Doubt by Supreme Court

  • Conservative justices signal jury trial is needed in SEC cases
  • Dispute is one of several cases pushing back on federal power

The dispute is part of a Supreme Court term likely to have broad implications for federal regulators.

Photographer: Eric Lee/Bloomberg
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The US Supreme Court’s conservative majority cast doubt on the Securities and Exchange Commission’s use of in-house judges, hearing arguments in a case that could strip the agency of a key enforcement tool.

In a session that lasted more than two hours Wednesday, the justices suggested that people accused of fraud by the SEC have a constitutional right to go before a federal court jury, at least when the commission is seeking civil penalties.