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Joeff's avatar

So gun regulations that didn’t exist at the Founding were bad, but any modern statutory claim that could be shoehorned into a common law cause of action--replevin, anyone?--has to have a jury trial available?

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Margaret's avatar

Jarkesy is about more than administrative enforcement actions. One of the asks essentially is do away with “for cause” removal protections for ALJs. Ostensibly only SEC judges but an adverse decision will impact the entire federal administrative judiciary system. ALJs who provide due process hearings across the government would be impacted. It’s about politicizing a large and powerful faction of the administrative state who currently enjoy relative protection from political whims.

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