Show Notes - How The Administrative State Is Disputing Your Right To A Jury Trial
Description
Today on Legalese we are doing a deep dive into the pending Supreme Court Case SEC v Jarkesy. This case was one included in my Supreme Court Roundup video from October 2023, which included a very brief summary of the case and reviewed the Question Presented.
Today we will be giving this case the comprehensive attention it deserves as what I believe may be the most interesting and important Supreme Court case in my annual case roundup. The Court is being asked to either reaffirm or vacate a decision by the Fifth Circuit Court Of Appeals that found an internal SEC case brought against George Jarkesy as unconstitutional on three separate grounds.
First, it deprived Jarkesy of his Seventh Amendment right to a trial by jury.
Second, it violated the Non-Delegation Doctrine.
Third, it violates the "Take Care" clause of Article II because the President is powerless to remove an Administrative Law Judge, such as the judge that ruled against Jarkesy.
Today we take a deep dive into the administrative state, the Fifth Circuit decision, we review the oral arguments from this case before the Supreme Court and I debunk the scare-mongering untruths that are spreading by way of the corporate media and the Washington DC political class.
Links
SEC v Jarkesy - Fifth Circuit
Jarkesy v. Sec. & Exch. Comm'n, 34 F.4th 446 (5th Cir. 2022) on Casetext
Jarkesy v. Sec. & Exch. Comm'n, 34 F.4th 446 (5th Cir. 2022) Supreme Justia Case Brief
Jarkesy v. Sec. & Exch. Comm'n, 34 F.4th 446 (5th Cir. 2022) Oral Arguments
SEC v Jarkesy – Supreme Court Case
SEC v Jarkesy - Amicus Briefs
Brief Of The Cato Institute As Amicus Curiae In Support Of Respondents
Brief Of Constitutional Originalists – Edwin Meese, Steven Calabresi & Gary Lawson
Debunked Articles From Section 4 - “Total Debunkment”
Vox - A wild new court decision would blow up much of the government’s ability to operate
A Dangerous Precedent: Law Professors Explain Jarkesy v. SEC | The Problem With Jon Stewart Podcast
Articles About SEC v Jarkesy, Administrative State & Administrative Adjudication
CATO HANDBOOK FOR POLICYMAKERS
Cato Handbook - Reining in the Administrative StateSupreme Court to consider multi-pronged constitutional attack on SEC (Article)
The Good, the Bad, and the Ugly of Jarkesy v. SEC (Johnathon Adler)
WSJ A Judicial Ruling Challenges the SEC’s Illegal Power (Mario Loyola)
SEC v. Jarkesy and the Future of Agency Adjudication (Johnathon Adler)
Reform proposals related to executive appointment and removal power
Related Case Precedent
“Justice GORSUCH, with whom THE CHIEF JUSTICE and Justice THOMAS join, dissenting.” Gundy v. United States, 139 S. Ct. 2116, 2131 (2019)
Haaland v. Brackeen, 599 U.S. ___ (2023)
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