Right-Wing Justices Train Their Anti-Agency Ire On Big Bad Financial Regulator

The right-wing Supreme Court justices occasionally tipped into outright hostility Wednesday as they pressed a government lawyer with questions and hypotheticals about stripping the Securities and Exchange Commission (SEC) of some of its enforcement discretion. 

This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1474682
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Lose us in the minutiae, like the SEC has been financed adequately in the last 20 years. Balls.


“Honest businessmen should be protected from the unscrupulous consumer!” – Gov. Lester Maddox


Show in the Constitution where it says the words “Securities and Exchange Commission!” /s

I must say how reassuring it was that during the confirmation hearings for Gorsuch, Kavanaugh, Thomas (and the rest) that they had absolutely ”no preset agenda” for the decisions that they would make as SCOTUS justices. /ss


“Right-Wing Justices Train Their Anti-Agency Ire On Big Bad Financial Regulator“

If this ever gets made into a movie, a fitting name might be The Plutocracy Strikes Back.


Humans will be humans. Deception, a basic evolutionary character promoting survival of species, has resulted in overpopulation and thus environmental degradation, mass extinctions and earthly weather destined to devastate human as well as all other life.

A handful of unfettered billionaires now buy and corrupt power for their personal survival advantage by destroying democratic institutions aimed at protecting everyone and everything else. It’s cheap considering the eventual prize of owning the Earth when 99 percent of humans are gone.

Will we humans in the majority learn how to work together and reform our system of government to balance all of the factors involved? Not if the corrupted high judiciary as currently constituted is not superceded by intelligence sufficient to meld good science with rational, fair bureaucracy.

The current state of insanity brought in by the “information age” on crack for profit sure won’t allow it. Repulsing the current fascist spasm may not come soon enough, but we better goddamn well try.


The gawd-given right of the wealthy and powerful to lie, thieve, cheat and steal shall not be abridged. What’s good for the unscrupulous masters of the universe is good for the USA!

So sayeth their chosen ones on our Supremely Corrupted Court.


Not surprising that the plaintiff chosen by the RightWing & their DarkMoney Overlords to attack federal oversight/regulation through the bought-and-paid-for SC is a guilty financial fraudster/scumbag who uses mass media to rip off innocent people looking for some American Dream. Remind you of anybody??


This could be thought of as a case where the court is usurping congressional powers by asserting that it and only it can decide issues historically granted by congress to administrative agencies.

Who needs the congress when the unelected courts can legislate more efficiently. Oh, you say legislating is the role of congress in our form of government. Don’t tell John Roberts. He has already legislated an end to key portions of the voting rights act among other things.


You’ll have no doubt noted that the SEC only goes after wealthy, powerful investors, never the little guys. That no one ever calls them out on the obvius practice of “selective prosecution” is just another American tragedy.


I guess, okay hear me out for a second: The 7th amendment argument isn’t frivolous. I am deeply bothered by the so-called courts that are entirely staffed within the executive branch. The area where this causes me the most concern is the immigration courts. These courts are making decisions about whether or not people live or die, effectively, and they are doing it without really any of the safeguards that we try to build into our justice system.

The pragmatist in me does not like dismantling regulatory systems that primarily go after businesses. I certainly don’t want to make it easier for powerful people to avoid accountability.

But the 7th amendment argument, and the larger cultural and ethical framework that it comes from, I’m having a hard time saying I don’t agree with it.


I wouldn’t let any of those guys rake my leaves.


I wouldn’t pay them to do it, but if they came to my house, and offered their services out of Christian charit… I’m sorry I’m laughing too hard to finish this.


Justice Elena Kagan

She’s right. It’s not the court’s business to legislate. Stop being activist judges.


My city’s water is reported to contain high levels of microplastics. Thank your mom for me.


FWIW, I have had no dealings with the SEC in my lifetime. Accusing it of “power over Americans” is a bit broad.


I can’t believe that Gorsuch used the old, “Are you calling your mother a LIAR??” ploy. Well, no I can easily believe it. Point of fact, these Justices have repeatedly both misread and outright ignored parts of the Constitution in their rulings, repeatedly ignoring the 9th Amendment, misusing the 10th, and ignoring every word of the Second Amendment in order to impose their right wing gun agenda. There comes a time when, while growing up, one must finally say, “Yes, mother, I’m afraid you are a liar. This is what you said then, and this is what you just said now.”

It’s long past time that these justices be called out for imposing their political philosophies as law by fiat in contravention of the Constitution, existing laws, and, in many cases, decades of precedent. And that’s just the start of what needs to be done to clean up SCOTUS.


Sign me up for jury trials for removal cases in Immigration Court! Though I’m guessing those are the kinds of administrative hearings this court is worried about.


“Are you saying I MISREAD IT , Mr. Fletcher?!” Justice Neil Gorsuch spat while he and the Department of Justice’s Brian Fletcher sparred over relevant case law.“

I’m waiting for the justice to channel his mom while his head spins around like Linda Blair in the Exorcist.


Could not agree more. Far too many people seem bloated in their complacency that something as terrifying as a dystopian drift to the fascist right could never happen simply because the very idea is so terrifying. But that kind of self-satisfied logic is just stupid.


The Plutocracy “Balls and Strikes” back


Thomas (after checking he’s still on the Harlan Crow cruise invite list): “Yes”