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

Authors

Richard J. Pierce Jr, George Washington University Law SchoolFollow

Document Type

Article

Publication Date

2024

Status

Forthcoming

Abstract

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.

GW Paper Series

2024-56

SSRN Link

https://ssrn.com/abstract=4951243

Recommended Citation

Pierce, Richard J. Jr, "The Supreme Court’s Opinion in SEC v. Jarkesy Has the Potential to Be Extremely Destructive" (2024). GW Law Faculty Publications & Other Works. 1761.
https://scholarship.law.gwu.edu/faculty_publications/1761