In SEC v. Jarkesy, will the Supreme Court hold the statutory scheme empowering the SEC violates:
6
40
Ṁ112Ṁ295
2025
1D
1W
1M
ALL
34%
The Seventh Amendment
35%
The Nondelegation Doctrine
48%
Article II of the Constitution
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.
https://www.scotusblog.com/case-files/cases/securities-and-exchange-commission-v-jarkesy/
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