Justices Grapple With Limits On ALJ Review In Landmark Enforcement Case

Conservative justices on the Supreme Court appear sympathetic to claims that the Securities and Exchange Commission’s (SEC) use of administrative law judges (ALJs) violates the 7th Amendment right to a jury trial, but during Nov. 28 oral argument they wrestled with how to craft a new test for the practice amid fears that a broad ruling could upend review of OSHA and other agencies’ enforcement actions.