Supreme Court’s Jarkesy Decision Strikes Serious Blow to the Administrative State, Says Chicago-Kent Assistant Professor James Tierney
The SEC had already taken the hint from a 2018 case that the Supreme Court wasn't thrilled with in-house judges and cases and brought its most serious types of fraud cases to the courts, says James Tierney, assistant professor at Chicago-Kent College of Law and a former staff attorney for the agency. “The SEC doesn't have infinite resources, and so if the cost of settlement goes up, it means they're going to have fewer resources to bring enforcement actions,” Tierney says.