The New Civil Liberties Alliance (NCLA) is challenging whether federal agencies have too much power by taking cases to the Supreme Court—and they’re winning. For example, the Supreme Court took up the case of an auditor in a small Texas accounting firm who was fined $22,000 after the Securities and Exchange Commission said she broke the rules. However, the judge in the case was picked by the federal agency itself.
In 2023, the nation’s highest court ruled unanimously that people like that auditor can challenge the protections surrounding judges in such cases before it is determined that rules were broken. NTD hears from Peggy Little, a senior litigation counsel at the NCLA, who says some Supreme Court justices are now showing interest in cases that seek to take lawmaking power back from federal agencies.