Cases compared
Loper Bright and SEC v. Jarkesy
How two 2024 administrative-law decisions changed agency power, judicial review, and the forum for enforcement disputes.
No. 22-451No. 22-859
Side by side
| Fact | Loper Bright Enterprises v. Raimondo | SEC v. Jarkesy |
|---|---|---|
| Docket | Loper Bright Enterprises v. Raimondo22-451 | SEC v. Jarkesy22-859 |
| Term | Loper Bright Enterprises v. RaimondoOctober Term 2023 (2023–2024) | SEC v. JarkesyOctober Term 2023 (2023–2024) |
| Role | Loper Bright Enterprises v. RaimondoJudicial review | SEC v. JarkesyAgency enforcement |
| Procedural posture | Loper Bright Enterprises v. RaimondoCertiorari from the D.C. Circuit | SEC v. JarkesyCertiorari from the Fifth Circuit |
| Outcome | Loper Bright Enterprises v. RaimondoDecided June 28, 2024 | SEC v. JarkesyDecided 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.
Related
Sources
- 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.