Arkesyv Sec News Today

The Supreme Court held today that constitutional challenges to administrative agencies’ structure can be brought in federal district court and need not be raised through an administrative proceeding with subsequent appellate review.

The United States Court of Appeals for the Fifth Circuit dealt a major blow to the U.S. Securities and Exchange Commission’s enforcement program. In Jarkesy v. SEC, the Fifth Circuit ruled that the SEC’s in-house administrative enforcement proceedings are unconstitutional.

The Fifth Circuit Court of Appeals held that Securities and Exchange Commission SEC administrative proceedings are unconstitutional,held that the SEC’s procedure violated the petitioners’ Seventh Amendment right to a jury trial and Take Care Clause was Violated

In Jarkesy v. Securities and Exchange Comm’n, in which it examined the constitutionality of an agency civil money penalty enforcement proceeding. The decision could have widespread implications for the Department of Health and Human Services.