The second-most important court in the United States has three vacancies, one of which was created in 2005. It may yet be the institution that dooms many or even most of the Dodd-Frank financial reforms that Congress passed in 2010 and that regulatory agencies have been struggling to put in place since then.
In the area of regulatory law, that court, the United States Court of Appeals for the District of Columbia, reigns supreme, and it is now controlled by judicial activists who seem quite willing to negate, on technical grounds, any regulations they do not like. The Securities and Exchange Commission has suffered a series of defeats there, defeats that it has chosen to accept rather than risk an appeal to the Supreme Court.
‘Enforcement 40’ for 2020
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