Rep. Harriet Hageman, U.S. Representative for Wyoming | Official U.S. House headshot
Rep. Harriet Hageman, U.S. Representative for Wyoming | Official U.S. House headshot
Congresswoman Harriet Hageman has introduced the Seventh Amendment Restoration Act, a legislative proposal aimed at reinforcing Americans' right to a jury trial. This initiative seeks to address the use of administrative law courts (ALCs) by federal agencies, which was deemed unconstitutional by the Supreme Court in a recent ruling against the Securities and Exchange Commission (SEC). The proposed legislation intends to ensure that this decision applies across all federal agencies, countering arguments from the Biden-Harris Administration.
Rep. Hageman emphasized her experience in private practice, representing citizens and businesses in Wyoming against federal agencies. She stated, "Our Constitutional Republic is underpinned by the separation of powers, so no unit of government is law maker, judge, jury, and executioner." She further highlighted the importance of the right to a jury trial as enshrined in the Seventh Amendment.
Stewart Whitson from the Foundation for Government Accountability expressed support for Hageman's bill. He noted that it represents "a critical return to proper separation of powers" and would aid individuals in securing fair proceedings.
The Seventh Amendment guarantees a jury trial in civil cases within federal courts. However, since 1946 with the creation of ALCs through the Administrative Procedure Act, these internal agency courts have been used to adjudicate disputes without adhering to Article III court standards. Despite last year's Supreme Court ruling in SEC v. Jarkesy affirming this violation of rights, efforts have been made by the current administration to limit its applicability solely to the SEC. Rep. Hageman's legislation aims to extend this protection universally across all federal departments and agencies.