Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Does the Seventh Amendment Limit State Administrative Adjudication?

By Squire Patton Boggs on July 22, 2024
Email this postTweet this postLike this postShare this post on LinkedIn

At Global Investigations and Compliance Review, we’ve been keeping close tabs on the fallout from the Supreme Court decisions at the end of June. We mentioned in a previous post that the SEC v. Jarkesy opinion may have consequences beyond the specific situation of SEC civil penalties.  As we think about this more, there could be further implications even for state enforcement programs. 

State agencies usually aren’t concerned with the Seventh Amendment, because it is assumed not to apply to states.  (The Seventh Amendment states the right to a jury in appropriate civil cases.)  But contributor Keith Bradley points out, in the Yale Journal of Regulation’s Notice and Comment blog, that this assumption has not been well-tested, because states provide civil juries just like federal courts.  Jarkesy creates an unusual moment with the federal constitutional right being different from state constitutions.  We might start to see defendants in state enforcement argue that they have right to a jury under Jarkesy.  This will take some time to develop, but keep an eye out.

  • Posted in:
    Administrative and Regulatory
  • Blog:
    Global Investigations & Compliance Review
  • Organization:
    Squire Patton Boggs
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo