Posts from July 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:
- Do they violate the 7th Amendment’s right to jury trial of actions then known at common-law, rather than “public rights”?
- Do they violate the non-delegation doctrine by enabling statutes giving the SEC discretion to choose to bring enforcement actions in its administrative courts or Article III courts?
- Do the two levels of “for cause” removal protection for SEC ALJs violate Article II by protecting them ...