In the Daily Journal Ryan Weinstein Provides Insights into SEC v Jarkesy

In The News
November 8, 2023

In a Daily Journal article, litigation & enforcement counsel Ryan Weinstein examines Securities and Exchange Commission v. Jarkesy, a Supreme Court case set for hearing this fall that considers whether SEC administrative proceedings violate the defendants’ Seventh Amendment right to a trial by jury, and whether Congress unlawfully delegated to the SEC the power to choose between an agency proceeding and a federal-court action.

“Jarkesy’s case is one of a trio of matters on the Supreme Court’s docket pitting the Court’s conservative supermajority against the modern administrative state. At stake is not just the SEC’s power to enforce federal securities law in administrative proceedings, but decades of precedent empowering Congress to delegate its authority to the federal bureaucracy.”

Jarkesy will ultimately serve as a test of how far the Court’s conservative justices are willing to go in reining in administrative power and how fast.”