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Who has the right to judge Americans?

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guest-theritz

The Tax Court judges are appointed by the President and confirmed by the Senate. There are also "special trial judges" who are employees of the Tax Court, and are appointed by its chief judge.

Kremilek2

It is an interesting case. I would guess that the USSC should decide in favor of more independent judges and for more accountability in government agencies. I find it surprising that agencies can quasi-choose who will decide future quarrels. The appeal to the USSC is fully justified in this case.

Michigander74

It may be too late to roll back the excesses of the administrative state. Then again, the Rehnquist Court 30 years ago did make an effort to curtail the worst excesses of the Commerce Clause when it overturned the Violence Against Women Act and the Gun Free Schools Act. Note of caution, the Court didn't say that it was wrong for women to file civil suits against their rapists or to keep guns out of schools . They simply said these policies were more properly pursued at the state level. Congress supposedly does have limited authority in what it can regulate and there was no clearly designated power in the Constitution for the federal government to intervene in these matters.

ProgsCon

The competency to derive a wise decision is most important.
Today, too many cases, at all levels, are decided by judges who are out of their depth for making a wise, informed decision. The same thing with jury trials.
Life has become much more complex over the last 300 years.
All three branches of government must evolve to insure that wise and just decisions and actions happen.

Peace Love and Understanding

Legally I think it's a pretty hard case to argue that an administrative law judge charged with adjudicating agency disputes is a mere employee given that they are engaged in administrative review with wide discretion to interpret and apply agency rules.
Politicizing the bureaucracy even more than it already is would probably have severe implications for the functionality of American government, though. Technocrats are the guardians of the rule of law; populist political appointees are interested in promoting their side's interests.

ashbird

The meaning evoked by the headline of this otherwise faultless article is lost on me. You are talking about the SEC, right?

ashbird in reply to ashbird

On second thought, given what is at issue is whether SEC is an agency independent of the 3 branches of the US government and USSC's recent wobbly opinion on the matter - https://harvardlawreview.org/wp-content/uploads/pdfs/vol126_SEC.pdf - it is fair to argue to the extent SEC's function is to protect investors who buy stocks and bonds by requiring companies that plan to raise money by selling their own securities to file reports about their operations with the SEC, so that investors have access to all material information, any investor in American securities has the right to judge Americans, using the wording of your article headline.