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Based on the title, I was assuming this was going to be about plea bargains and overbooked courts which more seriously undermine the public's right to due proce
by thefaux 3y ago
Based on the title, I was assuming this was going to be about plea bargains and overbooked courts which more seriously undermine the public's right to due process imo.
This is a complicated issue but there are significant tradeoffs involved here. Intuitively, my assumption is that the effect of this action would be to kneecap regulatory agencies. This is not a legal opinion but jury trials are an enormous burden on the public and I don't think that it's unreasonable to try to avoid jury trials for many enforcement actions. I'm sure those who know the constitution and the law better than me can argue both sides of the issue, but cynically this seems part and parcel with the right wing efforts to dismantle the administrative state. While I have concerns about an overly powerful government, I am more concerned with unrestrained market forces.
- thsksbd 3y agoRegulatory agencies can lower the burden the same way criminal courts do - offering plea deals. That said, Id love nothing more than incarcerate half of Wall Street; but it must be done within the law.
- lmm 3y agoThe SEC managed fine without these powers until 2010, and they still take their share of cases to real court. This is absolutely a political football, and there are definitely people supporting this just because they want to depower the SEC. That doesn't mean the SEC is in the right on the actual issue.