https://www.theatlantic.com/ideas/archive/2023/11/securities-and-exchange-commission-v-jarkesy-supreme-court/676059/

and

https://www.aol.com/news/conservative-attack-government-regulation-reaches-050525384.html

According to The Atlantic, the case before SCOTUS could “destroy” government as we know it — heart be still! — describing the bases of the challenge as a “fringe legal theory.”

The AP does it better, describing this case as a challenge to our overwrought administrative state, focusing on the inequities of extrajudicial trials and law making by federal agencies:

“[The 5th U.S. Circuit Court of Appeals] found that the SEC’s case against [the plaintiff]
resulting in a $300,000 civil fine and the repayment of $680,000 in allegedly ill-gotten gains,
should have been heard in a federal court instead of before one of the SEC’s administrative
law judges.

The panel also said Congress unconstitutionally granted the SEC “unfettered authority” to
decide whether the case should be tried in a court of law or handled within the executive
branch agency. And it said laws shielding the commission’s administrative law judges from
being fired by the president are unconstitutional.”

Does Elon Musk know about this “fringe legal theory” that federal agencies — including the FAA and the EPA — ought to (gasp!) abide by the strictures of the Constitution?

Thank goodness we still have a “fringe” who still have some inkling of what our Constitution entails and the Founder’s vision of an American Republic.

My concern is that they will go to the play book, and start implementing the same stuff incrementally.