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Justices divided over SEC's ability to impose fines in administrative proceedings

Wednesday’s argument in Securities and Exchange Commission v. Jarkesy was oddly distant from the decision of the lower court and the briefs and arguments of the parties. The decision of the U.S. Court of Appeals for the 5th Circuit – vigorously defended by George Jarkesy, the target of long-running
Ronald Mann Justice Samuel Alito S Michael Mccolloch Ketanji Brown Jackson Justice Clarence Thomas Brian Fletcher

Justices skeptical that double jeopardy clause allows retrial based on inconsistent verdict of acquittal

The double jeopardy clause of the Fifth Amendment generally says that the government gets only one chance to convict a defendant of a crime: If a jury finds a defendant not guilty, then the government has lost its chance to convict that defendant of that offense. McElrath v. Georgia, in which the ju
United States Justice Elena Kagan Damian Mcelrath Justice Neil Gorsuch Justice Kagan Ronald Mann

Double jeopardy claim after inconsistent acquittal comes before the court

Tuesday’s argument in McElrath v. Georgia will take the justices back to law-school basics – the case could be a question on a law-school examination in criminal law. The facts are simple. Damian McElrath was prosecuted for several crimes after he stabbed his adoptive mother, Diane McElrath, to deat
United States Damian Mcelrath Wikimedia Commons Ronald Mann Diane Mcelrath Supreme Court

Supreme Court to consider multi-pronged constitutional attack on SEC

The argument on Wednesday in Securities and Exchange Commission v. Jarkesy will present a remarkable spectacle of three entirely distinct constitutional challenges to wholly disparate attributes of the SEC. Ordinarily, the ability of the justices to control their docket would allow them to wait on e
United States United Kingdom Katie Barlow George Jarkesy Justice John Roberts Ronald Mann

"Statutory Interpretation 101" in government sovereign immunity claim

When a private lender fails to respond promptly to a consumer’s claim that it falsely presented the consumer’s borrowing history, Congress established under the Fair Credit Reporting Act that the lender is liable for damages. The justices on Monday, at oral argument in U.S. Department of Agriculture
United States Reginald Kirtz Justice Sonia Sotomayor Justice Elena Kagan Justice Clarence Thomas Justice Samuel Alito

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