On June 30, 2023, the Supreme Court granted the SEC’s petition for writ of certiorari in Securities and Exchange Commission v. Jarkesy, No. 22-859. At issue in the case is whether the SEC’s use of administrative law judges (“ALJs”) is unconstitutional. Three issues are now pending before the court: first, whether statutory provisions that empower SEC to initiate and adjudicate administrative enforcement proceedings seeking civil penalties infringes on the Seventh Amendment’s right to a jury trial in civil lawsuits; second, whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the non-delegation doctrine; and third, whether Congress violated Article II by granting for-cause removal protection to ALJs in agencies whose heads enjoy for-cause removal protection. Oral argument is currently sent in this case for Wednesday, November 29, 2023.