AAF Statement on SEC v. Jarkesy

“In a very important decision today, the Court took another step towards reviving the separation of powers established by the Constitution, ruling that defendants against charges of fraud are entitled a jury trial before an Article III court,” said AAF General Counsel J. Marc Wheat. “Today, the Court decided SEC v. Jarkesy, clawing back significant power from the administrative state’s in-house ‘administrative law judges’ (ALJs) requiring instead, as the Constitution requires, that civil actions alleging fraud be brought in front of independent Article III courts. As we argued in our amicus brief in this case, the ALJ system is one of the many ways the administrative state flies in the face of the constitutional separation of powers and thus in the liberty of the people that system was designed to protect. There is much work to be done but today’s decision brings us one step closer to reining in the administrative state.”

You can read the full brief here.

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