Trial by jury

Chief Justice Roberts wrote the opinion for the Court in SEC v. Jarkesy, out this morning. The Court holds: “When the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.” It’s a case that rolls back one prong of the administrative state that Professor Philip Hamburger addresses in Is Administrative Law Unlawful? Professor Hamburger responds to my request for a comment on the Court’s opinion: “This is a turning point in the fight for civil liberties against the administrative state. After decades of suppressing jury rights for the sake of administrative power, the Supreme Court has finally protected this crucial freedom.”