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The Supreme Court’s Opinion in SEC v. Jarkesy Has the Potential To Be Extremely Destructive

October 30, 2024

The Supreme Court’s Opinion in SEC v. Jarkesy Has the Potential To Be Extremely Destructive

By Richard J. Pierce, Jr.

Full essay here.

In this essay, Professor Pierce describes the legal framework within which the Supreme Court decided whether an agency could adjudicate a class of disputes prior to its 2024 opinion in SEC. v Jarkesy and then explains why the reasoning in Jarkesy has the potential to require federal courts to adjudicate many thousands of regulatory disputes that they lack the expertise and resources to adjudicate in a competent manner.