Fifth Circuit Used An SEC Case To Declare Open Season On Agencies

A Fifth Circuit Court of Appeals panel handed down a ruling this week that would significantly change how the U.S. Securities and Exchange Commission (SEC) prosecutes cases.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1415854

I want to see what Rep. Katie Porter thinks about this.

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Gorsuch’s mommy issues.

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The Fifth Circuit took the opportunity to fire a shot across the bow of the administrative state with an argument experts widely agree is dubious at best.

After reading some of the opinions coming out of this and other Courts, it seems to me that “dubious” arguments are a feature, not a bug, of the court packing that took place during the last administration. It’s sad that there is no longer a referee for this type of thing. The referees have been replaced by the owners who are running the show.

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Trump’s early Rasputin, Steve Bannon’s seemingly bizarre quixotic quest seems to have teeth.

“ Bannon vows a daily fight for ‘deconstruction of the administrative state’

Robert Costa
The reclusive mastermind behind President Trump’s nationalist ideology and combative tactics made his public debut Thursday, delivering a fiery rebuke of the media and declaring that the new administration is in an unending battle for “deconstruction of the administrative state.”

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The referees were us and we sat out and Sarandoned the 2016 Election like numbskulls, rejected a perfectly competent female Presidential candidate and installed a criminal in her place.

Because people “never liked her”.

I guess we have to content ourselves with press reports.

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Can this same argument be applied to immigration judges, who work for DOJ, and not for the judicial branch?

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The GOP and their minions will not rest until the Oligarchy is permanently cemented into the US.

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It may drive those of us who vote on a more rational basis crazy, but many voters will make a choice based on emotion and “likeability.”

My Mom used to vote in Dem primaries based on the look of a candidate’s eyes, as if she could discern something about a person’s soul that way. It drove me crazy, but this is a political reality for many people. We can’t just dismiss it.

I think one reason Biden won in 2020 wasn’t just that he was the best candidate to steer the country out of the mess Trump had made, but people like his personable nature. It might be why Fetterman just won his primary too; he seems like a nice guy (if a little scary looking). Just being qualified isn’t enough.

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OT. Now they’re denying the solutions.

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What jumped out at me was that Kemp was for the project…

(And Perdue is toast anyway :anguished:)

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Hindsight is usually useless, but sometimes I wish that Hillary had chosen a less conspicuous Cabinet position in the Obama Administration. There were times in the early Obama years in which she polled highly.

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Doesn’t GA have an open primary?

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Yes, these oligarchs equate accountability by representatives of We the People with persecution and tyranny.

And they rally the boobs by making them believe it is their fight that the oligarchs are waging on their behalf.

Like the smarmy, pandering Trump told them, “They’re not after me, they’re after you. I’m just in the way.”

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“It came in the form of an invocation of “nondelegation,” a theory that has largely lain dormant since the 1930s, when it was deployed against FDR’s New Deal.”

It’s less than 100 years so I guess it isn’t old enough to meet Alito’s view be established law?

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Either we impeach the current Justices or expand the courts to restore the rule of law or we try to make a go of it in the modern world with only those techniques available under the Articles of Confederation.

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Dunno, but he’s still not a viable player in GA.

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I just imagine this nirvana they dream of where the SEC is no more and they find that ordinary investors are no longer trusting this heaven they create.

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I’ve got a Century Plant in my front yard. After many years of not looking like much it bloomed last year. A spectacular sight. It sat for more than 20 years planning that bloom beneath the surface and when the time was right…it shot up a 20 foot stalk with extraordinary flowers on it.

That’s how the GOP works. With SCOTUS as it is and the 5th about the same…it’s bloom time. Took 30 years…but get ready to enjoy the view.

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