OA597: 5th Circuit Tells SCOTUS Hold My Beer
Added 2022-05-20 05:32:57 +0000 UTCThe 5th Circuit has never been in the top 10 circuits in terms of not being insane, but now it has gone even more off the rails. Andrew takes us through the deep dive on a terrible decision that will decimate the SEC's ability to do anything, and why the logic will be applied elsewhere. Before that, a quick update on how much Elon Musk sucks and has completely blown it with the Twitter deal. And a quick word on primaries.
Links: Twitter says it will 'enforce' Elon Musk's $44 billion acquisition deal, 28Patriot” v. SEC, 15 US Code § 78u–2 - Civil remedies in administrative proceedings, Jellum & Tincher, “The Shadow of Free Enterprise”, Are the SEC's Administrative Law Judges Biased? An Empirical Investigation, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S.Ct. 1365 (2018), Summary of Administrative Law Judge Responsibilities
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Comments
Alito voted with Thomas on Oil States Energy, so would there be equal hope he would stay consistent with Thomas when this comes before SCOTUS? That would give a 5-4 vote.
Everything Important
2022-05-20 20:17:09 +0000 UTCI'm curious how lawyers/law review articles determine claims like the one made on the show today that the SEC did no better in Administrative Courts than they did in trials. It's not enough to just look at the record, right? I imagine there are a lot of variables that have to be controlled for: Maybe the SEC brings tougher/more complex cases to the Administrative Court but straightforward cases (easy for a Jury to understand) go to trial. Maybe certain venues are easier than the Administrative Court (and others are harder) so they're happy to let certain cases go to trial in certain venues. etc
Salt Prairie Photography
2022-05-20 13:25:30 +0000 UTC
