Protection for SEC ALJs is unconstitutional, Jarkesy court rules

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 16, 2022 12:11 PM

(This is part three of a three-part series on Jarkesy vs. SEC.. Parts one and two published Monday and Tuesday.)The third constitutional victory that George Jarkesy and Patriot28 LLC received from the 5th U.S. Circuit Court of Appeals — in an opinion a Wall Street Journal editorial hailed as “a blessing for the proper understanding of the Constitution” — involved “statutory removal restrictions” Congress enacted to protect the Securities and Exchange Commission’s administrative law …

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