SEC v. Jarkesy - Post-Argument SCOTUScast
Margaret A. Little
On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy. The Court considered three questions – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) Whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; (3) Whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.
Join us as we break down and analyze how oral argument went before the Court.
Featuring:
Margaret A. Little, Senior Litigation Counsel, New Civil Liberties Alliance
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.