* Supreme Court backs FCC's system for levying fines
* Justices rebuff challenge involving SEC disgorgement
power
* Justices have been receptive in past to agency
challenges
By John Kruzel
WASHINGTON, June 5 (Reuters) - The U.S. Supreme Court in
a pair of rulings backing the power of federal agencies has
reaffirmed limits it previously imposed on government regulators
but rejected bids by challengers to push those constraints into
new territory.
The court, which has a 6-3 conservative majority, issued
decisions on Thursday in two cases that went in favor of the
Federal Communications Commission and Securities and Exchange
Commission. It ruled against challenges to the FCC's system for
levying fines and the SEC's broad power to recover illegal
profits using a financial remedy called disgorgement.
While the court in several major cases in recent years has
embraced challenges to the so-called "administrative state" -
the government bureaucracy that regulates many aspects of
American business and life - the justices on Thursday stood
squarely behind the authority of the two agencies.
Georgetown University law professor David Super described
the rulings as "small, largely technical wins" for the FCC and
SEC.
"These cases should be understood as the court telling
Congress and administrative agencies that, if they adhere to the
rigid limits on public regulation in its prior decisions, the
court will not come back and move the goalposts," Super said.
President Donald Trump's administration defended the agencies in
both cases.
A LOSS FOR AT&T AND VERIZON
In the FCC case, the court ruled 8-1 in favor of the agency,
rebuffing a challenge by wireless carriers AT&T ( T ) and
Verizon. The case was the latest to test whether a
federal agency's internal enforcement arrangement violates the
constitutional right to a jury trial after the Supreme Court in
2024 curbed the power of in-house proceedings at the SEC in a
case called SEC v. Jarkesy.
The justices on Thursday rejected the argument by AT&T ( T ) and
Verizon that the Jarkesy ruling should dictate a similar outcome
in the FCC case.
The court did, however, underscore that financial penalties
issued by the agency, known as forfeiture orders, do not stop
parties from bringing legal challenges to the agency's fines.
"The court didn't take the opportunity to expand the reach
of its prior decision in Jarkesy, but it also stressed that
companies have no legal obligation to comply with the FCC's
forfeiture orders until a jury weighs in," University of
Michigan Law School professor Daniel Deacon said.
Deacon said he was not surprised by the outcome or that
Trump's administration had defended the agency's power.
"The Trump administration knows that it can use the
administrative state for its own ends, and it hasn't uniformly
opposed agencies' claims to authority," Deacon said.
DISGORGEMENT AUTHORITY
The court's 9-0 ruling backing a broad reading of the SEC's
disgorgement authority buttressed one of the Wall Street
watchdog agency's key powers.
At issue in the dispute was whether the agency must show
that victims suffered economic harm, also known as pecuniary
loss, before it can seek the surrender of illegal profits.
A defendant named Ongkaruck Sripetch had asked the court to
expand on one of its prior rulings, as he challenged a court
order issued at the SEC's request that required him to repay
more than $3 million in ill-gotten gains and interest related to
a financial fraud case. The 2020 ruling in a case called Liu v.
SEC limited the scope of what can be sought via disgorgement to
no more than the net profits of the conduct at issue.
On Thursday, the court said the Liu decision did not bolster
Sripetch in his challenge to the SEC.
Jose Lopez, an attorney at the law firm Dorsey & Whitney and
a former SEC lawyer, said the court's ruling "preserved one of
the SEC's most potent weapons in its enforcement arsenal."
The court has reined in federal agencies in several key
rulings.
For example, the court in recent years has formalized a
conservative legal principle, called the major questions
doctrine, that gives judges broad discretion to invalidate
executive agency actions of "vast economic and political
significance" unless it is deemed that Congress clearly
authorized them.
In another blow to federal regulatory power, the court in
2024 overturned a landmark 1984 precedent that had given
deference to U.S. agencies in interpreting laws they administer.
This doctrine, known as "Chevron ( CVX ) deference," had been long
opposed by conservatives and business interests.
Brianne Gorod, chief counsel at the Constitutional
Accountability Center, a liberal legal group that filed briefs
backing the SEC and FCC in their cases, called Thursday's
rulings a win for the regulators and "everyone who benefits from
these agencies being able to do their jobs."
"While this court has a history of favoring big business
interests and making it more difficult for federal government
agencies to do their jobs, today's decisions are a reminder that
it's not always possible to predict what this court will do,"
Gorod said.