Securities and Exchange Commission v. Jarkesy
Pending petition
Docket No. |
Op. Below | Argument |
Opinion |
Vote |
Author |
Term |
22-859 |
5th Cir. |
TBD |
TBD |
TBD |
TBD |
TBD |
Issues: (1) Whether statutory provisions that empower the Securities and Exchange Commission 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; and (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.