Jarkesy and Loper: Bombshells or Busts?

Much ink has been spilled on the recent decision by the U.S. Supreme Court (Court) in SEC v. Jarkesy, with some commentators proclaiming that the decision signals the end of the administrative state and others dismissing it as having few practical consequences. In this guest article, MoloLamken partner Eric Nitz, with associate Kenneth Notter, discusses the Court’s decision in Jarkesy; the implications for the SEC and other agencies, such as the Commodity Futures Trading Commission (CFTC), as well as for pending and future enforcement actions; and what Jarkesy, when read together with Loper Bright Enterprises v. Raimondo (Loper), means for the future of the SEC and its approach to rulemaking and enforcement. See the Anti-Corruption Report’s two-part series on the implications of Loper Bright: “Demise of Chevron Deference and Effect on Cyber and Privacy Enforcement” (Jul. 17, 2024), and “Impacts on Congress, Courts and Agencies” (Jul. 31, 2024).

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