News & Analysis as of November 17, 2024

Administrative Law Judge (ALJ)

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

U.S. Supreme Court Rules SEC Must Try Securities Fraud Cases in Federal Jury Trials Rather than In-House Courts

Foley & Lardner LLP on 7/1/2024

On June 27, 2024, the U.S. Supreme Court ruled that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. In a 6–3 decision, Chief Justice...more

The Supreme Court Will Determine When Federal Agencies Must Provide for the Right to a Jury Trial in Civil Enforcement Actions

Seyfarth Shaw LLP on 8/10/2023

The United States Supreme Court recently granted Certiorari in a closely watched case that could have significant consequences for the Securities and Exchange Commission (SEC) and certain other federal administrative...more

Supreme Court Grants Certiorari to Determine Constitutionality of SEC Administrative Law Process

Kramer Levin Naftalis & Frankel LLP on 7/10/2023

On June 30, 2023, the Supreme Court granted certiorari in Securities and Exchange Commission v. Jarkesy to review a decision by the Fifth Circuit rejecting key aspects of the Securities and Exchange Commission’s (SEC or the...more

Jarkesy Gets His Day: SCOTUS to Review SEC ALJs

Burr & Forman on 7/6/2023

On June 20, 2023, the Supreme Court granted certiorari to review three questions about the Securities and Exchange Commission’s (SEC’s) administrative courts...more

Supreme Court Review May Prove the Death Knell to SEC Administrative Courts

Troutman Pepper on 7/6/2023

On June 30, the U.S. Supreme Court granted certiorari in SEC v. Jarkesy, et al. and agreed to hear the case that could potentially end the use of administrative courts and administrative law judges (ALJ) in administrative...more

SCOTUS agrees to hear case involving challenge to the use of administrative law judges by federal agencies

Ballard Spahr LLP on 7/5/2023

Last Friday, the U.S. Supreme Court granted the SEC’s petition for certiorari in Jarkesy v. Securities and Exchange Commission, a case in which the respondents are challenging the constitutionality of the SEC’s use of...more

Jarkesy, Cochran, and the Attack on ALJs

Morrison & Foerster LLP on 5/24/2022

On May 18, 2022, the U.S. Court of Appeals for the Fifth Circuit in Jarkesy v. SEC issued a scathing rebuke of the Securities and Exchange Commission’s (“SEC”) use of administrative law judges (“ALJ”)....more

Fifth Circuit Issues a New Blow to SEC Administrative Law Judges

Vinson & Elkins LLP on 5/20/2022

On May 18, 2022, the Fifth Circuit issued an opinion vacating a Securities and Exchange Commission (“SEC”) Administrative Law Judge’s (“ALJ”) decision that George Jarkesy, Jr. (“Jarkesy”) and his investment adviser Patriot28,...more

The Administrative State Under Attack: Potentially Far Reaching Implications of Supreme Court’s Decision to Hear Challenge to FTC...

Proskauer - Minding Your Business on 2/7/2022

In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek...more

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Supreme Court of the United States › Certiorari › Administrative Law Judge (ALJ)

U.S. Supreme Court Rules SEC Must Try Securities Fraud Cases in Federal Jury Trials Rather than In-House Courts

The Supreme Court Will Determine When Federal Agencies Must Provide for the Right to a Jury Trial in Civil Enforcement Actions

Supreme Court Grants Certiorari to Determine Constitutionality of SEC Administrative Law Process

Jarkesy Gets His Day: SCOTUS to Review SEC ALJs

Supreme Court Review May Prove the Death Knell to SEC Administrative Courts

SCOTUS agrees to hear case involving challenge to the use of administrative law judges by federal agencies

Jarkesy, Cochran, and the Attack on ALJs

Fifth Circuit Issues a New Blow to SEC Administrative Law Judges

The Administrative State Under Attack: Potentially Far Reaching Implications of Supreme Court’s Decision to Hear Challenge to FTC...

The Supreme Court - April 1, 2019

Administrative Proceedings in Peril? Supreme Court Grants Certiorari in Lucia v. SEC

The Supreme Court - January 16, 2018

The Supreme Court Agrees To Review Appointment Requirements For SEC's In-House Judges

Supreme Court of the United States › Certiorari › Administrative Law Judge (ALJ)

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