Sweeet. More campaign corruption is legal. Just what we needed in this country.
As many have stated. DeSantis is quite good at this
https://thehill.com/news/state-watch/3490613-desantis-signs-ban-on-protests-in-front-of-homes/
Lawbros: Any first amendment issues here?
Frisby v Schultz upheld a ban on protesting outside residential homes that was passed to end protests outside of an abortion doctorās house. Should be fine so long as it is consistent with SCOTUS cases on time, place, and manner restrictions.
Not sure this is the best place for it, but the Fifth Circuit just ruled the SEC (and so probably any agency that uses administrative law judges, like the CFTC, FINRA, Immigration, etc.) cannot hold in-house hearings and issue fines/penalties. Impossible to undersell how huge that would be if SCOTUS were to uphold that decision. It would completely gut the entire regulatory arm of the government.
Theyāve been waiting for years/decades to make this kind of ruling so Iām sure theyāre stoked that they have the votes for it now.
Unless Iām missing something, I think your read of it is a bit too broad. The SEC can bring actions either through an AP (using an ALJ) or in district court. This ruling would only block APs, so actions in district court are still viable.
There are some remedies that canāt be obtained in district court actions (such as certain industry bars), but Iām not sure that this decision would even bar those. If an action is brought in district court, these remedies can be obtained in a follow-on AP. The decision appears to be limited to the liability phase, not the penalty phase (āPetitioners had a Seventh Amendment right to a jury trial for the liability-determination portion of their case.ā). Thus I think so long as a district court finds a violation, it would still be ok to use that violation as the basis for these additional remedies.
Canāt bring every single regulatory action before a court. Itās not logistically possible.
It is astonishing to me how short sighted these idiot judges are. Like, rich people own a ton of stock in publicly traded US companies. A functioning SEC benefits them enormously. This is so fucking dumb.
99% of regulatory penalties are not issued by the court but assigned by regulators within prescribed limits set out in legislation. That is why most contain clauses like āas per the Directorā or āat the Directors discretionā.
Iām not necessarily disagreeing, but curious what agencies you are talking about, as all the agencies Iām familiar with have to get approval from some judge (either an administrative judge or district court judge) to issue a penalty.
Iāve dealt with many in Canada but only a few in the US. They all function similarly. Some penalties are codified in the regs.
To clarify I only know environmental and lands regs. Not financial or others.
Right. For example the Ontario Securities Act gives the securities commission the power to issue administrative fines up to $1 million, and it gives investors certain rights to sue securities issuers for certain violations, such as a misrepresentation in a prospectus.
I just wanted to say that these takes are partially a weird sort of allegiance to my dad and a lack of the deep understanding that you guys have.
He never really had the chance for anything but trade school. He was pretty much forced into military service by poverty. He never had a mom or a dad. He still managed to raise a family, start a baseball park where nobody ever got cut, was a union leader for 20+ years, and help out my Momās side of the family who grew up poor in Augusta.
He drilled it into my head to get a college degree. Iām a college dropout.
Heās deteriorating on the back end of recovering from pancreatic cancer. Sometimes I stop by my parents house just to give my dad a hug and having to hear Tucker Carlsonā¦I donāt know what to do with that.
My dad always helped people so I just need to figure out a way to do that.
I know everyone here is dealing with way more shit than I am.
Iām sorry everyone. This post is all over the fucking place.
goots
Coming soon
Aww the issue of LGBT parents on birth certificates. Whatās old is new again. It really is like the federalist society just stuck a pencil in the tape of American society and is cranking it back slowly. Whoās ready to hear about civil unions and how theyāre really just as good as marriages, but theyāre for the gays (but also theyāre not as good)?
The real highlight will be gay plague panics again.
My sisters-in-law in Ohio adopted from the foster care system. I believe they could only have one name on the original adoption but then added the second name after Obergfell and getting married.