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Case comparison

Loper Bright and SEC v. Jarkesy

How two 2024 administrative-law decisions changed agency power, judicial review, and the forum for enforcement disputes.

Cases compared

Docket 22-451Loper Bright Enterprises v. RaimondoJudicial reviewCertiorari from the D.C. CircuitDecided June 28, 2024
Docket 22-859SEC v. JarkesyAgency enforcementCertiorari from the Fifth CircuitDecided June 27, 2024

Relationship

Shared issue
Both cases limit how federal agencies can resolve legal questions without ordinary Article III court review.
Key difference
Loper Bright changed how courts interpret statutes administered by agencies; Jarkesy changed where the SEC can seek civil penalties for securities fraud.
Procedural posture
Both reached the Court after merits review in the courts of appeals, but Loper Bright came from regulated-party challenges while Jarkesy came from an agency enforcement proceeding.
Outcome
Loper Bright overruled Chevron deference. Jarkesy held that defendants are entitled to a jury trial when the SEC seeks civil penalties for securities fraud.

Source notes

  • Use the merits opinions and official docket records before expanding this comparison.
  • The comparison treats Chevron U.S.A. Inc. v. NRDC as historical context rather than a linked case-detail page.