Supreme Court of the United States · Official docket →
George R. Jarkesy, Jr., et al. v. Securities and Exchange Commission
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-61007 · judgment May 18, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether, under special review statute 15 U.S.C. § 78y, circuit courts on a petition for review of a Securities and Exchange Commission final order resolving an enforcement adjudication may “remand” back to the agency after overturning the final order because the proceedings were conducted in violation of law or the Constitution, where § 78y expressly vests only the jurisdiction to “affirm,” “modify” or “set aside” the order and does not confer jurisdiction to remand.
Counsel of record
For petitioner
Sidney Michael McColloch
S. Michael McColloch, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 30 2023Petition DENIED.
- Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- May 24 2023Reply of petitioners George R. Jarkesy, Jr., et al. filed.
- May 12 2023Brief of respondent U.S. Securities and Exchange Commission in opposition filed.
- Apr 10 2023Petition for a writ of certiorari filed. (Response due May 12, 2023)