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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.

DateProceedings and Orders (key to color coding)
Jan 05 2023Application (22A596) to extend the time to file a petition for a writ of certiorari from January 19, 2023 to February 17, 2023, submitted to Justice Alito.
Jan 06 2023Application (22A596) granted by Justice Alito extending the time to file until February 17, 2023.
Jan 26 2023Application (22A596) to extend further the time from February 17, 2023 to March 20, 2023, submitted to Justice Alito.
Jan 30 2023Application (22A596) granted by Justice Alito extending the time to file until March 20, 2023.
Mar 08 2023Petition for a writ of certiorari filed. (Response due April 10, 2023)