Kasowitz, on behalf of former Attorney General and Famed Constitutional Law Scholars, Files Supreme Court Amicus Brief Arguing for Right to Jury Trial in SEC Fraud Cases and against Excessive Removal Protections for ALJs

On October 18, 2023, Kasowitz Benson Torres, on behalf of former U.S. Attorney General Edwin Meese III and renowned constitutional law scholars Steven G. Calabresi and Garry Lawson, filed an amicus curiae brief with the U.S. Supreme Court in SEC v. Jarkesy.  The case, which addresses crucial issues of constitutional law, including the right to trial by jury in regulatory actions and removal limits on Administrative Law Judges, stems from a securities-fraud enforcement action by the U.S. Securities and Exchange Commission against George R. Jarkesy.

The brief challenges the SEC’s position that securities-fraud enforcement actions do not require a jury trial under the Seventh Amendment right to a civil jury trial.  The brief also argues that granting for-cause removal protection to Administrative Law Judges who serve in agencies whose heads also enjoy for-cause removal protection violates the President’s constitutional executive power to control subordinate officers. After describing the original understanding of that power under Article II of the Constitution, the brief concludes that the President “must have the power to remove such ALJs because the President must have the power to control them and thereby advance particular executive policies and promote a coherent executive vision.”

The Kasowitz Benson Torres team representing Attorney General Meese, Professor Calabresi and Professor Lawson was led by Special Counsel Amit R. Vora.