EPISODE · Apr 17, 2026 · 40 MIN

Short Circuit 424 | Juries for Securities

from Short Circuit · host Institute for Justice

Getting a jury is one of the most venerated constitutional rights Americans have. But if you’re before the Securities and Exchange Commission there’s been no veneration. Until now, as a recent Supreme Court case Jarkesy v. SEC has knocked the SEC back on its heels. So you’d think that other people before the SEC would be able to get their jury trials too. Unfortunately, though, to enforce that right you need to properly raise it—at least raise it in a way that’s good enough for the court you happen to be before. Which was not true at the Sixth Circuit, as IJ’s Will Aronin informs us. The court told a defendant that he didn’t argue the SEC was unconstitutionally denying him a jury early enough in the process. This seems weird because at that point Jarkesy hadn’t come out yet. Too bad so sad says the court, although it goes on to also say the defendant nevertheless raised some really good points. Then Andrew Ward of IJ discusses a qualified immunity case about a tragic shooting where a police officer seems to have far too easily used deadly force. The Tenth Circuit says there’s no qualified immunity for the officer on a Fourth Amendment claim even though there’s no case exactly like the one before it. Smith v. SEC Manning v. Tulsa Jarkesy v. SEC