SEC v. Jarkesy is one of the biggest SCOTUS cases of this term. The Wall Street Journal called it “a blow to regulators that could have ripple effects across the U.S. government.” This decision revives one of the most important liberty protections in the Bill of Rights: the Seventh Amendment right to a jury trial. Its logic applies to all federal agency proceedings, not just those at the SEC. The opinion is a historic declaration of independence from decades of encroachments by the Administrative State.

What will you learn about watching the discussion?

1. The legal strategy that led to the victory. NCLA has supported Mr. Jarkesy’s cause and collaborated with his counsel for many years. Others told them that a Seventh Amendment argument stood no chance. Nevertheless, they prevailed.

2. How the logic of the decision applies to other federal agency proceedings, not just those at the SEC.

3. How Jarkesy meshes with other recent SCOTUS rulings to curtail the runaway Administrative State—Relentless, Corner Post, and others.

Moderator:

NCLA President Mark Chenoweth

Panelists:

Peggy Little, NCLA Senior Litigation Counsel

Richard Samp, Seasoned constitutional appellate litigator and member of the NCLA Board of Advisors

Michael Showalter, Special Counsel, Wiley Rein