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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
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
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
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
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