Supreme Court of the United States · Official docket →
Securities and Exchange Commission v. George R. Jarkesy, Jr., et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-61007 · judgment May 18, 2022
Decided · June 27, 2024
Pre-decision estimate: 64% cert probability (95% interval 54%–72%)
Before the decision, about 15.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.
Questions presented
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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.
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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.
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Whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Sidney Michael McColloch
S. Michael McColloch, PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
36 merits
(14 supporting pet./neither, 22 respondent)
Argument & decision
Argued November 29, 2023 — Brian H. Fletcher · S. Michael McColloch. Audio and transcript
Decided June 27, 2024. Opinion by Roberts, C.J..
Proceedings
- Jul 29 2024Judgment Issued.
- Jun 27 2024Judgment is AFFIRMED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
- Nov 29 2023Argued. For petitioner: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: S. Michael McColloch, Dallas, Tex.
- Nov 13 2023Reply of petitioner Securites and Exchange Commission filed. (Distributed)
- Oct 30 2023Motion of Administrative Law Scholars for leave to participate in oral argument as amici curiae and for divided argument DENIED.
- Oct 25 2023Electronic record received from the United States Court of Appeals for the Fifth Circuit.
- Oct 19 2023CIRCULATED
- Oct 18 2023Brief amici curiae of American Bankers Association, American Association of Bank Directors, and Bank Policy Institute filed. ( Distributed)
- Oct 18 2023Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. (Distributed)
- Oct 18 2023Brief amicus curiae of Independent Women's Law Center filed. (Distributed)
- Oct 18 2023Brief amicus curiae of TotalEnergies Gas & Power North America, Inc. filed. (Distributed)
- Oct 18 2023Brief amici curiae of The Institute for Justice, Sun Valley Orchards, LLC, Procraft Masonry, LLC, and C.S. Lawn & Landscape, Inc. filed. (Distributed)
- Oct 18 2023Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
- Oct 18 2023Brief amicus curiae of Pioneer Public Interest Law Center filed. (Distributed)
- Oct 18 2023Brief amicus curiae of Energy Transfer LP filed. (Distributed)
- Oct 18 2023Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
- Oct 18 2023Brief amici curiae of State of West Virginia and 17 Other States filed. (Distributed)
- Oct 18 2023Brief amicus curiae of Cato Institute filed. (Distributed)
- Oct 18 2023Brief amici curiae of Phillip Goldstein, Nelson Obus, Mark Cuban, Elon Musk, Manouch Moshayedi, and Investor Choice Advocates Network filed. (Distributed)
- Oct 18 2023Brief amicus curiae of America First Policy Institute filed. (Distributed)
- Oct 18 2023Brief amicus curiae of Liberty Justice Center filed. (Distributed)
- Oct 18 2023Brief amicus curiae of David Julian filed. (Distributed)
- Oct 18 2023Brief amici curiae of CTIA-The Wireless Association, USTelecom-The Broadband Association, and Competitive Carriers Association filed. (Distributed)
- Oct 18 2023Brief amici curiae of Constitutional Originalists Edwin Meese III, Steven G. Calabresi, and Garry S. Lawson filed. (Distributed)
- Oct 18 2023Brief amici curiae of Chamber of Commerce of the United States, the National Federation of Independent Small Business Legal Center, Inc., and Business Roundtable filed. (Distributed)
- Oct 18 2023Brief amici curiae of Advancing American Freedom, et al. filed. (Distributed)
- Oct 17 2023Brief amicus curiae of Competitive Enterprise Institute filed.
- Oct 17 2023Brief amicus curiae of Washington Legal Foundation filed.
- Oct 16 2023Brief amicus curiae of Americans for Prosperity Foundation filed.
- Oct 13 2023Record requested from the United States Court of Appeals for the Fifth Circuit.
- Oct 12 2023SET FOR ARGUMENT on Wednesday, November 29, 2023.
- Oct 11 2023Brief of respondents George R. Jarkesy, Jr., et al. filed.
- Oct 04 2023Amicus brief of Morris & Dickson not accepted for filing. (Corrected version submitted--October 06, 2023.)
- Oct 04 2023Brief amicus curiae of Morris & Dickson (Oct. 10, 2023) filed.
- Sep 26 2023Motion of Administrative Law Scholars for leave to participate in oral argument as amici curiae and for divided argument filed.
- Sep 05 2023Brief amici curiae of Professors John M. Golden and Thomas H. Lee filed.
- Sep 05 2023Brief amicus curiae of National Treasury Employees Union filed.
- Sep 05 2023Brief amicus curiae of The North American Securities Administrators Association, Inc. filed.
- Sep 05 2023Brief amicus curiae of American Bar Association filed.
- Sep 05 2023Brief amicus curiae of Association of Administrative Law Judges filed.
- Sep 05 2023Brief amicus curiae of Jed H. Shugerman filed.
- Sep 05 2023Brief amicus curiae of Public Citizen filed.
- Sep 01 2023Amicus brief of Administrative Law Scholars not accepted for filing. (September 06, 2023)
- Sep 01 2023Brief amici curiae of Administrative Law Scholars (Sept. 12, 2023) filed.
- Sep 01 2023Brief amicus curiae of Federal Administrative Law Judges Conference filed.
- Aug 28 2023Brief of petitioner Securites and Exchange Commission filed.
- Aug 28 2023Brief amicus curiae of Forum of United States Administrative Law Judges in support of neither party filed.
- Aug 22 2023Brief amicus curiae of Professor Ilan Wurman in support of neither party filed.
- Aug 22 2023Brief amicus curiae of Anthony Michael Sabino filed.
- Aug 21 2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Jul 26 2023Application for leave to file briefs on the merits in excess of the word limits (23A55) granted by Justice Alito provided that the opening and response briefs do not exceed 18,000 words each, and that the reply brief does not exceed 8,000 words.
- Jul 20 2023Brief amicus curiae of Andrew N. Vollmer in support of neither party filed.
- Jul 19 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2023. The time to file respondents' brief on the merits is extended to and including October 11, 2023.
- Jul 18 2023Motion to dispense with printing the joint appendix filed by petitioner Securites and Exchange Commission.
- Jul 17 2023Motion for an extension of time within which to file the briefs on the merits filed.
- Jul 17 2023Application (23A55) for leave to file briefs on the merits in excess of the word limits, submitted to Justice Alito.
- Jun 30 2023Petition GRANTED.
- Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 06 2023Reply of petitioner Securites and Exchange Commission filed. (Distributed)
- May 23 2023Brief of respondents George R. Jarkesy, Jr., et al. in opposition filed.
- May 04 2023Motion to extend the time to file a response is granted in part, and the time is extended to and including May 23, 2023, for all respondents.
- Apr 28 2023Motion to extend the time to file a response from May 10, 2023 to June 9, 2023, submitted to The Clerk.
- Mar 28 2023Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2023.
- Mar 27 2023Motion to extend the time to file a response from April 10, 2023 to May 10, 2023, submitted to The Clerk.
- Mar 08 2023Petition for a writ of certiorari filed. (Response due April 10, 2023)
- Jan 30 2023Application (22A596) granted by Justice Alito extending the time to file until March 20, 2023.
- Jan 26 2023Application (22A596) to extend further the time from February 17, 2023 to March 20, 2023, submitted to Justice Alito.
- Jan 06 2023Application (22A596) granted by Justice Alito extending the time to file until February 17, 2023.
- Jan 05 2023Application (22A596) to extend the time to file a petition for a writ of certiorari from January 19, 2023 to February 17, 2023, submitted to Justice Alito.