Gor­such slams gov­ern­ment agen­cies act­ing as ‘pros­e­cu­tor and judge’ in new book

Supreme Court Jus­tice Neil Gor­such issued a dire warn­ing on the dan­gers aris­ing from fed­er­al agen­cies act­ing as “pros­e­cu­tor and judge,” point­ing to data show­ing an alarm­ing trend of cas­es effec­tive­ly barred from pub­lic jury tri­als.
In an excerpt of his new book, Over Ruled: The Human Toll of Too Much Law, obtained by the Wash­ing­ton Exam­in­er, Gor­such crit­i­cized how fed­er­al agen­cies not only cre­ate and enforce bind­ing rules but also often play the role of both pros­e­cu­tor and judge. His book fol­lows the most recent Supreme Court term that dealt sev­er­al blows to admin­is­trate agency pow­ers, includ­ing the over­turn­ing of the Chevron doc­trine and a case that lim­it­ed in-house adju­di­ca­tions at the Secu­ri­ties and Exchange Com­mis­sion.

Supreme Court …