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SEC v. Jarkesy - Post-Argument SCOTUScast

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...

An episode of the SCOTUScast podcast, hosted by The Federalist Society, titled "SEC v. Jarkesy - Post-Argument SCOTUScast" was published on January 11, 2024 and runs 29 minutes.

January 11, 2024 ·29m · SCOTUScast

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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

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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