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Jarkesy v. Securities and Exchange Commission

Petition for certiorari denied on June 30, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-991 5th Cir. N/A N/A N/A N/A OT 2022

Issue: Whether, under special review statute 15 U.S.C. § 78y, circuit courts on a petition for review of a Securities and Exchange Commission final order resolving an enforcement adjudication may “remand” back to the agency after overturning the final order because the proceedings were conducted in violation of law or the Constitution, where Section 78y expressly vests only the jurisdiction to “affirm,” “modify” or “set aside” the order and does not confer jurisdiction to remand.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 10 2023Petition for a writ of certiorari filed. (Response due May 12, 2023)
May 12 2023Brief of respondent U.S. Securities and Exchange Commission in opposition filed.
May 24 2023Reply of petitioners George R. Jarkesy, Jr., et al. filed.
Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
Jun 30 2023Petition DENIED.