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 as we discussed 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.

[@NdiogouDjimDjim-te8sc]

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[@NdiogouDjimDjim-te8sc]

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[@tristancelayeta6890]

The neo-fascist Federalist Society remains the nest that births aspiring fascisti, ha, ha. How to rip the system using the system, ha, ha. No wonder there was a Jacobin Club!

[@stephensands3485]

lol wild how you can listen to a FedSoc event and still call them “neo-fascist”(despite the fact that FedSoc explicitly doesn’t even take public policy positions). How do you square their supposed “fascist” beliefs with the fact that most FedSoc members cheered the overruling of Chevron? Seems rather anti-authoritarian to support taking power away from agencies and making it easier for people to challenge agency action and limit their power.