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How so? I’m arguing for SCOTUS not to take a wrecking ball to our government by suddenly making unlawful procedures that have been relied on for so long they are assumed in laws passed by Congress decades ago. Should alleged violations of those laws be tried in front of a jury instead of this other mechanism? Maybe, but how about we make that change in a way that doesn’t suddenly render those laws de facto unenforceable with no warning?
I don’t have enough information on the topic to form an opinion about whether trial by jury for these cases is better overall for society. But I do know this is not the right way to make this change. This was a case between a hedge fund manager and the SEC, and now as a result OSHA can no longer enforce anything? And with no prior warning for anyone to make any preparations. How could that possibly be the right way to make this change?