Andrew Napolitano, a former New Jersey Superior Court judge, is predicting that the Supreme Court will "throw out" the administrative state in its latest case on the issue.
Joining Newsmax's "Carl Higbie FRONTLINE" on Monday, Napolitano argued that the outcome of Securities and Exchange Commission v. Jarkesy could determine how the United States government works.
"Administrative agencies like the EPA [environment], the SEC [securities], the FDA [drugs] – they write their own laws, they enforce their own laws, they adjudicate violation of their own laws, and they punish those they find guilty."
The case in question surrounds the SEC, which hedge fund manager George Jarkesy alleges circumvented the jury system to target his firm Patriot28 for alleged fraud after the 2008 financial crisis.
In May 2022, the Fifth Circuit Court of Appeals ruled that, under certain statutory provisions, the SEC violated three provisions of the Constitution in going about the adjudication of Jarkesy in-house.
The case is now expected to be decided on by the high court in the coming months.
"They are legislative, executive, and judicial on their own," Napolitano said of the administrative state. "That's what this challenge is. And I think Mr. Jarkesy's going to win the challenge, and I think the Supreme Court is going to throw out the administrative state."
"This has been going on since the days of President Woodrow Wilson," he continued. "For 100 years, this is the first time that it looks like the Supreme Court is going to say, 'Enough is enough.'"
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Luca Cacciatore ✉
Luca Cacciatore, a Newsmax general assignment writer, is based in Arlington, Virginia, reporting on news and politics.
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