Expert Available: Seventh Amendment Requires Jury Before Agency Civil Penalties Are Final
Today, the Supreme Court will hear arguments in FCC v AT&T and Verizon v FCC, cases that challenge the Federal Communications Commission’s authority to impose massive civil penalties without a jury trial. Scholars at the Cato Institute filed a brief in support of the carriers.
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In a recent blog post detailing the brief, Tommy Berry, the director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies, and Brent Skorup, a legal fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies, wrote in part:
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“We urge the Court to adopt a straightforward rule: When an agency proceeding culminates in final agency action and is treated as enforcement sufficient to preserve civil penalties, it constitutes the adjudication of a legal claim for money. In such cases, the Seventh Amendment requires a jury before liability is conclusively determined. A later, optional enforcement suit cannot retroactively cure a Seventh Amendment violation.”
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Berry will be present for today’s oral arguments. To speak with Berry or Skorup following the arguments, contact Christopher Tarvardian.
Source: https://www.cato.org/news-releases/expert-available-seventh-amendment-requires-jury-agency-civil-penalties-are-final
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