Courthouse Steps Decision: SEC v. Jarkesy

On June 27, 2024, the U.S. Supreme Court issued their opinion in SEC v. Jarkesy. The following three questions were presented in this case – (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.

The Court held, in a 6-3 decision, that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.

Please join us in discussing the decision and its future implications.

Featuring:

• Devin Watkins, Attorney, Competitive Enterprise Institute

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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.