Short thread, which has kind of altered my perspective on the recent 5th Circus Court of Appeals ruling on the SEC case yesterday. TL;DR for the non-Twitterers: Yes, 5th Circus bad, but it’s hard to see how “more jury trials instead of administrative law judges just punishing people unilaterally” is a bad thing.

I get why people are worried that the Fifth Circuit is leading the charge to demolish the administrative state but I don’t get why people think it’s horrific to say that the government should have to convince a jury, not just an Administrative Law Judge, to punish financially. /1

— WokeMindVirusHat (@Popehat) May 19, 2022