In this episode, co-host Michael Dawson is joined by Noah
Rosenblum, an assistant professor of law at NYU and former
WilmerHale summer associate, to discuss the Supreme Court's
decision in Securities and Exchange Commission v.
Jarkesy. The case concerns whether the SEC has the authority
to seek civil penalties against an individual before an
administrative law judge rather than before an Article
III-appointed judge and a jury of the individual's peers. As
a result of the Court's decision, the SEC may no longer rely
on its administrative forum to seek civil penalties for alleged
violations of securities laws.
Dawson and Rosenblum give a timeline of events that led up to
the Supreme Court case, with Rosenblum breaking down how the
majority and dissenting opinions diverge. Leveraging his background
as a legal historian, Rosenblum provides historical context and
explains how applying a traditional Constitutional interpretation
to the case increases its complexity.
