Securities and Exchange Commission v. Jarkesy, No. 22-859 [Arg: 11.29.2023]

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Securities and Exchange Commission v. Jarkesy, No. 22-859 [Arg: 11.29.2023]

Issue(s): (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.

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