The US Supreme Court on Monday will hear arguments that could make enforcement more complicated for federal agencies, potentially frustrating regulators seeking to crack down on wrongdoing under the Biden administration.
The cases involving the Federal Trade Commission, a top US antitrust and consumer watchdog, and the Securities and Exchange Commission, Wall Street’s top regulator, hit at the core of a fraught debate on the boundaries of regulatory authority.
The petitioners argue that the agencies’ internal enforcement procedures and their administrative law judges — who are appointed by the regulators and conduct in-house adjudications — are unconstitutional because the former often cannot be challenged until after their conclusion and the latter are difficult to remove.