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June 27, 2024

Court revives jury trials in agency disputes

Constitution Congress
Constitution Congress
National Constitution Center
National Constitution Center
Harvard Law School Forum on Corporate Governance
+13

SEC v. Jarkesy restores jury trials in agency disputes

"James Madison demanded an explicit jury-trial guarantee during the 1789 Bill of Rights debates to check judges and protect litigants from concentrated power."

"Atlas Roofing Co. v. OSHRC in 1977 let federal agencies decide many disputes without juries, shifting power from lay jurors to bureaucrats. (en.wikipedia.org)"

"Beacon Theatres v. Westover in 1959 insisted that juries decide legal claims before judges decide equitable relief, preserving jury fact-finding in mixed cases. (en.wikipedia.org)"

"Prisoners pressed that protection and won in Perttu v. Richards on Jun. 18, 2025 when the Supreme Court held that PLRA exhaustion issues intertwined with the merits can go to a jury. (supreme.justia.com)"

"The Supreme Court swung again in SEC v. Jarkesy on Jun. 27, 2024, ruling that the SEC cannot impose civil penalties in in-house proceedings when the Seventh Amendment entitles defendants to a jury. (supreme.justia.com)"

"The pattern repeats across eras: courts have tested 'public rights' versus 'common law' doctrines from Tull in 1987 to Granfinanciera in 1989 and Jarkesy in 2024. (supreme.justia.com)"

"In 2024–2025 dozens of agency enforcement matters and prison cases faced jury demands, shifting work back to federal dockets and raising litigation costs for both sides. (reuters.com)"

"Right now corporations and agencies keep speed, confidentiality and low administrative costs while plaintiffs, incarcerated people and small investors lose access to jury fact-finding."

📜Constitutional Law🎓Education

People, bills, and sources

"James Madison"

"Author and lawmaker"

"Chief Justice John Roberts"

"Chief Justice of the United States"

"Justice Sonia Sotomayor"

"Associate Justice of the Supreme Court"

"George Jarkesy"

"Hedge fund manager and petitioner"

"Kyle Brandon Richards"

"Prisoner and plaintiff"

"Thomas Perttu"

"Prison employee and petitioner in Perttu v. Richards"

"American Civil Liberties Union (ACLU)"

"Civil rights organization"

"Securities and Exchange Commission (SEC)"

"Federal regulatory agency"

"Justice Byron White"

"Associate Justice of the Supreme Court (author in Atlas Roofing)"

"Justice Hugo Black"

"Associate Justice of the Supreme Court"

Congressional Leadership (Speaker Johnson, Senate Majority Leader Schumer)

"Legislative branch"

"SCOTUSblog and major legal press"

"Legal media and analysis"

What you can do

1

"understanding"

"Study the tests courts use to decide whether a claim is 'legal' or a 'public right'"

"Learn how Granfinanciera, Tull, Atlas Roofing and Jarkesy shape whether a jury is required and which remedies courts treat as legal versus equitable."

2

"learning more"

"Follow litigation trackers and constitutional law clinics"

"Track Jarkesy-era administrative litigation and PLRA jury-right suits to see how courts apply the Seventh Amendment in agency contexts."

3

"practicing"

"Before you sign, resist or document arbitration clauses that waive jury trials"

"Know how to spot unconscionable arbitration terms and preserve or assert your right to sue in court when feasible."

4

"civic action"

"Join or fund strategic litigation that challenges agency adjudication and forced arbitration"

"Support public-interest suits or petition Congress to restore jury rights in statutes that currently push disputes into administrative systems."

5

"civic action"

"File a civil suit and demand a jury when agencies seek civil penalties that resemble common-law remedies"

"Use federal court pleadings to force a jury demand and preserve the issue for appeal; consider Section 1983 for rights violations tied to administrative action."

6

"civic action"

"Report systemic problems and push for rulemaking transparency"

"When agencies shift enforcement into in-house tracks, file FOIA requests, comment on proposed rules, and press Congressional oversight to restore jury access."