SEC v. Jarkesy
In brief
The SEC cannot use in-house proceedings to seek civil penalties for securities fraud when the defendant is entitled to a jury trial.
- Where it stands
- Decided
Decided 6-3 · June 27, 2024 · Opinion by Chief Justice Roberts
- What it’s about
- The Court held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. The SEC cannot adjudicate such claims through in-house administrative proceedings.
- Who it affects
- The decision requires the SEC to use federal court jury trials for these securities-fraud penalty cases. Businesses and individuals facing SEC civil penalties for securities fraud are directly affected.
Summary: written with AI from the case record.

What it's about
The case limits when a federal agency can impose civil penalties through its own internal process rather than a jury trial.
Question presented
Does the statutory scheme that empowers the Securities and Exchange Commission violate the Seventh Amendment, the nondelegation doctrine, or Article II of the U.S. Constitution?
What the Court decided
Holding
When the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. 34 F. 4th 446, affirmed and remanded.
- Result
- Affirmed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 1agreed with the result, wrote separately
- Gorsuchwrote separately
From the opinions
“When the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.”
“Congress had no reason to anticipate the chaos today’s majority would unleash after all these years.”
What's next
The case returns to the lower courts. The SEC and affected defendants must follow the jury-trial requirement in securities-fraud civil-penalty cases.
Documents
Docket activity
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
New analysis added
AI analysis generated: Case Briefing
Show 7 moreShow fewer
AI analysis generated: Decision Record
Status changed from null to decided
Status changed from decided to null
Opinion added: opinion
Brief added: Petition
Court Order added: Lower Court Orders/Opinions
Brief added: Questions Presented
More questions
- What did the Supreme Court rule in SEC v. Jarkesy?
- The Court ruled that the Seventh Amendment requires a jury trial when the SEC seeks civil penalties for securities fraud.
- Who won SEC v. Jarkesy?
- Jarkesy won the Seventh Amendment issue. The Court affirmed and remanded the Fifth Circuit’s decision.
- What does SEC v. Jarkesy mean for SEC defendants?
- Defendants facing SEC civil penalties for securities fraud may demand a jury trial instead of an in-house agency proceeding.
- Is the SEC’s in-house process still the law after SEC v. Jarkesy?
- It cannot be used to seek civil penalties for securities fraud where the Seventh Amendment entitles the defendant to a jury trial.
- What happens next in SEC v. Jarkesy?
- The case returns to the lower courts. The SEC must follow the Court’s jury-trial requirement in the affected cases.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.