Columbus, OH – The CEO of The Buckeye Institute, Robert Alt, testified before the U.S. House of Representatives Committee on the Judiciary’s Subcommittee on the Administrative State, Regulatory Reform, and Antitrust. Alt highlighted the issues with government agencies adjudicating their own cases, noting the threats to civil liberties and traditional protections for defendants in federal courts.
Alt emphasized the concerning statistics regarding agency adjudication, pointing out that agencies like the SEC have significantly higher success rates in their own hearings compared to federal courts. The Wall Street Journal reported a 90% success rate for the SEC in its internal hearings, while The New York Times stated an average success rate of 92.7% for matters heard by the SEC's internal judges.
Alt criticized the inherent bias in agency adjudication, stating, "The only surprise here is that anyone would defend this same process as being a reasonable substitute to independent Article III courts." He expressed concerns about the lack of independence and the deprivation of constitutional protections, such as the right to a jury trial and due process, under the current system.
The testimony shed light on the need to address the flaws in administrative adjudication and to ensure fair and impartial processes for all parties involved. The hearing aimed to explore ways to rein in the administrative state and promote transparency and accountability in government agencies' decision-making processes.