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    SCOTUS shakes up SEC

    enJune 27, 2024

    Podcast Summary

    • SEC tribunalsThe Supreme Court has taken away the SEC's power to use in-house tribunals for securities fraud cases, mandating jury trials instead, which may impact the SEC's enforcement capabilities

      The Supreme Court has ruled that the Securities and Exchange Commission (SEC) no longer has the power to use in-house tribunals to try hundreds of fraud cases a year. This decision, which stems from the case SEC vs. Jerkizi, means that those accused of securities fraud will now have the right to a jury trial instead of being tried by the in-house judges at the SEC. This decision has significant implications for the SEC's enforcement capabilities and is a result of the Seventh Amendment's guarantee of a right to trial by jury. The SEC uses this tribunal system extensively, and this ruling may impact their ability to efficiently and effectively enforce securities laws. Listeners who value the important resources provided by Marketplace are encouraged to make a budget year-end gift to help power Make Me Smart and other initiatives at marketplace.org.

    • Supreme Court decision impact on SEC enforcementThe recent Supreme Court decision restricts the SEC's ability to enforce cases through administrative hearings, making it harder and more costly for them to prosecute, potentially leading to a focus on winnable jury trials and fewer cases against financial fraud.

      A recent Supreme Court decision will significantly impact the enforcement powers of administrative agencies, including the SEC. This decision means that accused individuals are entitled to trial by jury in front of Article III judges instead of administrative hearings. This change will make it harder and more costly for agencies like the SEC to prosecute cases, potentially leading them to focus only on cases they believe they can win in front of a jury. The impact of this decision is part of a larger conservative push to limit the powers of the administrative state. This shift will make it more difficult for agencies to address issues like financial fraud, as they will have to allocate their limited resources more carefully.

    • Social Security fundingSocial Security benefits may need to be cut due to fewer people paying in compared to those withdrawing, but retirees receive more than what they paid in during their working years, especially concerning for younger generations, while solar energy initiatives in Minnesota offer potential economic development opportunities

      The Social Security system is facing a challenge as fewer people are paying in than those who will be withdrawing in the future. This means that benefits may need to be cut unless Congress intervenes. Contrary to popular belief, however, retirees receive more than what they paid in during their working years. The situation is becoming more pressing, especially for younger generations who may not receive the same benefits. Elsewhere, on the latest episode of our radio show "Breaking Ground," we visited a solar company in Minnesota, where the owner envisioned the Red Lake Indian Reservation becoming a significant energy provider, creating jobs, and spurring economic development. The administration's efforts to fund infrastructure projects aim to accelerate this progress. Despite the challenges and the slow pace of change, there is hope for a better future.

    • Chevron deference eliminationEliminating Chevron deference could impact the distribution of federal funds to historically disadvantaged communities and widen the economic gap between haves and have-nots

      Federal investment at a large scale can bring significant changes, particularly for historically disadvantaged communities. However, the distribution of these funds could be impacted if the Chevron deference, which allows agencies to interpret laws without explicit Congressional guidance, is eliminated. Meanwhile, the gap between the "haves" and "have-nots" in the economy is widening, with homeowners being less affected by inflation compared to renters and those with additional expenses like childcare. These issues are currently being addressed in ongoing legal cases and their outcomes could have significant implications for the economy and society as a whole.

    • Economic circumstancesEconomic experiences can greatly differ from person to person due to factors like homeownership, interest rates, and childcare expenses, making it difficult to have a unified understanding of the economy.

      Economic experiences can vary greatly from person to person, leading to discordant narratives about the economy. Homeownership, interest rates, and childcare expenses are just a few factors that can significantly impact one's economic situation. For instance, someone making $80,000 a year who owns a home and doesn't have children or pays for childcare might feel financially secure, while someone renting and paying for childcare with the same income would be struggling. Additionally, having a mortgage with a higher interest rate can put someone in a precarious financial position despite having the same income. These fundamental differences in economic circumstances can make it challenging to have a unified understanding of the economy.

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