Do You Still Have the Right to a Jury Trial?
6th December 2023
The Supreme Court on Wednesday will hear arguments in a case that hinges on whether, as a legal matter, Congress can blend powers the Framers of the Constitution carefully kept separated.
In Securities and Exchange Commission’s (SEC) v. Jarkesy, the justices will determine the constitutionality of the agency’s system of in-house administrative law judges (ALJs), bureaucrats who often act as judge and jury in the agency’s enforcement actions. Since many federal agencies—including the Federal Trade Commission (FTC), the Environmental Protection Agency, and the Postal Service—utilize ALJs, the case’s outcome will reverberate across the administrative state.
George Jarkesy, whom the SEC accuses of securities fraud, argues that the ALJ system violates the Seventh Amendment, which guarantees the right to a jury trial. The U.S. Court of Appeals for the 5th Circuit ruled for Jarkesy in 2022. Should the Supreme Court do likewise, countless Americans would regain access to a foundational constitutional protection.