Forum

U.S. Supreme Court

Case Status

Docket Number

Term

2023 Term

Share

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.

Additional Information

Our Supreme Court Victories Enhance Regulatory Stability for Business

Case Updates

Supreme Court holds that the Seventh Amendment provides a right to a jury trial when the SEC seeks civil penalties against a regulated entity for securities fraud

June 27, 2024

Opinion

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

Search