Securities and Exchange Commission v. Jarkesy

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-859	5th Cir.	Nov 29, 2023	Jun 27, 2024	6-3	Roberts	OT 2023

Holding: When the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.

Judgment: Affirmed and remanded, 6-3, in an opinion by Chief Justice Roberts on June 27, 2024. Justice Gorsuch filed a concurring opinion, in which Justice Thomas joined. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.

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Date	Proceedings and Orders (key to color coding)
01/05/2023	Application (22A596) to extend the time to file a petition for a writ of certiorari from January 19, 2023 to February 17, 2023, submitted to Justice Alito.
01/06/2023	Application (22A596) granted by Justice Alito extending the time to file until February 17, 2023.
01/26/2023	Application (22A596) to extend further the time from February 17, 2023 to March 20, 2023, submitted to Justice Alito.
01/30/2023	Application (22A596) granted by Justice Alito extending the time to file until March 20, 2023.
03/08/2023	Petition for a writ of certiorari filed. (Response due April 10, 2023)
03/27/2023	Motion to extend the time to file a response from April 10, 2023 to May 10, 2023, submitted to The Clerk.
03/28/2023	Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2023.
04/28/2023	Motion to extend the time to file a response from May 10, 2023 to June 9, 2023, submitted to The Clerk.
05/04/2023	Motion to extend the time to file a response is granted in part, and the time is extended to and including May 23, 2023, for all respondents.
05/23/2023	Brief of respondents George R. Jarkesy, Jr., et al. in opposition filed.
06/06/2023	DISTRIBUTED for Conference of 6/22/2023.
06/06/2023	Reply of petitioner Securites and Exchange Commission filed. (Distributed)
06/29/2023	DISTRIBUTED for Conference of 6/29/2023.
06/30/2023	Petition GRANTED.
07/17/2023	Motion for an extension of time within which to file the briefs on the merits filed.
07/17/2023	Application (23A55) for leave to file briefs on the merits in excess of the word limits, submitted to Justice Alito.
07/18/2023	Motion to dispense with printing the joint appendix filed by petitioner Securites and Exchange Commission.
07/19/2023	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2023. The time to file respondents' brief on the merits is extended to and including October 11, 2023.
07/20/2023	Brief amicus curiae of Andrew N. Vollmer in support of neither party filed.
07/26/2023	Application for leave to file briefs on the merits in excess of the word limits (23A55) granted by Justice Alito provided that the opening and response briefs do not exceed 18,000 words each, and that the reply brief does not exceed 8,000 words.
08/21/2023	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
08/22/2023	Brief amicus curiae of Professor Ilan Wurman in support of neither party filed.
08/22/2023	Brief amicus curiae of Anthony Michael Sabino filed.
08/28/2023	Brief of petitioner Securites and Exchange Commission filed.
08/28/2023	Brief amicus curiae of Forum of United States Administrative Law Judges in support of neither party filed.
09/01/2023	Amicus brief of Administrative Law Scholars not accepted for filing. (September 06, 2023)
09/01/2023	Brief amici curiae of Administrative Law Scholars (Sept. 12, 2023) filed.
09/01/2023	Brief amicus curiae of Federal Administrative Law Judges Conference filed.
09/05/2023	Brief amici curiae of Professors John M. Golden and Thomas H. Lee filed.
09/05/2023	Brief amicus curiae of National Treasury Employees Union filed.
09/05/2023	Brief amicus curiae of The North American Securities Administrators Association, Inc. filed.
09/05/2023	Brief amicus curiae of American Bar Association filed.
09/05/2023	Brief amicus curiae of Association of Administrative Law Judges filed.
09/05/2023	Brief amicus curiae of Jed H. Shugerman filed.
09/05/2023	Brief amicus curiae of Public Citizen filed.
09/26/2023	Motion of Administrative Law Scholars for leave to participate in oral argument as amici curiae and for divided argument filed.
10/04/2023	Amicus brief of Morris & Dickson not accepted for filing. (Corrected version submitted--October 06, 2023.)
10/04/2023	Brief amicus curiae of Morris & Dickson (Oct. 10, 2023) filed.
10/11/2023	Brief of respondents George R. Jarkesy, Jr., et al. filed.
10/12/2023	SET FOR ARGUMENT on Wednesday, November 29, 2023.
10/13/2023	Record requested from the United States Court of Appeals for the Fifth Circuit.
10/16/2023	Brief amicus curiae of Americans for Prosperity Foundation filed.
10/17/2023	Brief amicus curiae of Competitive Enterprise Institute filed.
10/17/2023	Brief amicus curiae of Washington Legal Foundation filed.
10/18/2023	Brief amici curiae of American Bankers Association, American Association of Bank Directors, and Bank Policy Institute filed. ( Distributed)
10/18/2023	Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. (Distributed)
10/18/2023	Brief amicus curiae of Independent Women's Law Center filed. (Distributed)
10/18/2023	Brief amicus curiae of TotalEnergies Gas & Power North America, Inc. filed. (Distributed)
10/18/2023	Brief amici curiae of The Institute for Justice, Sun Valley Orchards, LLC, Procraft Masonry, LLC, and C.S. Lawn & Landscape, Inc. filed. (Distributed)
10/18/2023	Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
10/18/2023	Brief amicus curiae of Pioneer Public Interest Law Center filed. (Distributed)
10/18/2023	Brief amicus curiae of Energy Transfer LP filed. (Distributed)
10/18/2023	Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
10/18/2023	Brief amici curiae of State of West Virginia and 17 Other States filed. (Distributed)
10/18/2023	Brief amicus curiae of Cato Institute filed. (Distributed)
10/18/2023	Brief amici curiae of Phillip Goldstein, Nelson Obus, Mark Cuban, Elon Musk, Manouch Moshayedi, and Investor Choice Advocates Network filed. (Distributed)
10/18/2023	Brief amicus curiae of America First Policy Institute filed. (Distributed)
10/18/2023	Brief amicus curiae of Liberty Justice Center filed. (Distributed)
10/18/2023	Brief amicus curiae of David Julian filed. (Distributed)
10/18/2023	Brief amici curiae of CTIA-The Wireless Association, USTelecom-The Broadband Association, and Competitive Carriers Association filed. (Distributed)
10/18/2023	Brief amici curiae of Constitutional Originalists Edwin Meese III, Steven G. Calabresi, and Garry S. Lawson filed. (Distributed)
10/18/2023	Brief amici curiae of Chamber of Commerce of the United States, the National Federation of Independent Small Business Legal Center, Inc., and Business Roundtable filed. (Distributed)
10/18/2023	Brief amici curiae of Advancing American Freedom, et al. filed. (Distributed)
10/19/2023	CIRCULATED
10/25/2023	Electronic record received from the United States Court of Appeals for the Fifth Circuit.
10/30/2023	Motion of Administrative Law Scholars for leave to participate in oral argument as amici curiae and for divided argument DENIED.
11/13/2023	Reply of petitioner Securites and Exchange Commission filed. (Distributed)
11/29/2023	Argued. For petitioner: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: S. Michael McColloch, Dallas, Tex.
06/27/2024	Judgment is AFFIRMED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
07/29/2024	Judgment Issued.