December 18, 2023

Constitutional Danger Zone Redux: SEC’s Latest Supreme Court Battle Presents Significant Collateral Implications

The Texas Lawbook
Scott Mascianica | Allison Kernisky

Securities Enforcement Defense and Litigation attorneys Scott Mascianica and Allison Kernisky wrote an article for The Texas Lawbook discussing the implications and potential impacts of the impending Supreme Court ruling in SEC v. Jarkesy could have on the Securities and Exchange Commission’s (SEC’s) enforcement efforts. 

Although a decision will not be made until 2024, the court heard oral arguments in the case on November 29, 2023. The arguments focused primarily on the issue of whether or not the SEC’s enforcement action in the case involves public or private rights and whether or not that distinction would impact the applicability of the Seventh Amendment in this case. Ironically, this most argued issue may be the least impactful on SEC enforcement. 

The article also provides the perspectives of various Supreme Court Justices on the arguments presented and considers what collateral implications a ruling against the SEC could mean for SEC enforcement and other government agencies. 

READ: Constitutional Danger Zone Redux: SEC’s Latest Supreme Court Battle Presents Significant Collateral Implications

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