The current Supreme Court is doing vital work policing the Constitution’s separation of powers. And it may soon get another chance in a case over whether a private horse-racing authority can deploy regulatory powers usually reserved for the federal government.
The problem is, is SCOTUS going to hold FINRA and the securities regulation system (which could affect the justices' own investments) unconstitutional? I doubt it.
And if they aren't going to strike down FINRA, they can't strike down HISA either.