I saw a blurb yesterday in IPLaw360 that highlighted an appeal from a Fifth Circuit case that will be heard by the Supreme Court next term. The case is Jarkesy v. SEC, 34 F.4th 446 (5th Cir. 2022).
Some of the issues raised in the oral argument at the Fifth Circuit are somewhat related to those that were raised in the Arthrex and Oil States decisions. The Oil States decision is also discussed in the briefing to the Supreme Court, as well as in the dissenting opinion at the Fifth Circuit.
You can listen to the Fifth Circuit oral argument here:
The issues presented in the appeal to the Supreme Court are:
QUESTIONS PRESENTED
- Whether statutory provisions that empower the
Securities and Exchange Commission (SEC) to initiate
and adjudicate administrative enforcement proceedings
seeking civil penalties violate the Seventh Amendment.- Whether statutory provisions that authorize the
SEC to choose to enforce the securities laws through an
agency adjudication instead of filing a district court ac-
tion violate the nondelegation doctrine.- Whether Congress violated Article II by granting
for-cause removal protection to administrative law
judges in agencies whose heads enjoy for-cause removal
protection.