U.S. Supreme Court

Case Status


Docket Number


2023 Term


Questions Presented

1. 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.    

2. Whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine.   

 3. Whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.

Case Updates

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that SEC civil enforcement proceedings violate the Seventh Amendment right to a civil jury trial and that removal restrictions on administrative law judges violate the separation of powers

October 18, 2023

Click here to view the coalition amicus brief.

Steven A. Engel, Michael H. McGinley, Justin W. Aimonetti, and Brian A. Kulp of Dechert LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.

Case Documents