Quote:
Originally Posted by Boomer
I am reading jdsupra.com regarding SEC v. Jarkesy and the June 27th decision that I can imagine has certain financial “advisor” types doing the dance of joy. That would be the ones who do not always have their clients’ best interests at heart, up to and including Madoffs in the Making. Is this decision throwing investors to the wolves?
Boomer
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The Roberts Supreme court has been slowly bringing decisions that is a judges full employment act. Where judges weren't being used in their capacity due to ALJs, the recent ruling decides that if there is a disagreement about interpretations of statute or scenario, bring it to the court and judges will decide as that is what they specialize in, reading, interpreting and applying legal expertise in deciding outcomes.
The downside is that there now needs to be more federal courts and judges to handle all the new found work, or else, the decisions will just be a huge time sink waiting in line and then waiting on a decision. And so a lot will be decided by the judge of the case. . whatever their bias and understanding of the technicalities and outcomes.
not that i disagree, its just that corporate lawyers has more time and money to spend than the government, so there will be a tilt towards commercial/business outcomes in disagreements with the federal statutes, state statutes and retail customers.
good luck