SEC in Constitutional Danger Zone Following Several Recent Decisions
The constitutional spotlight is shining on the U.S. Securities and Exchange Commission. In the last several weeks, the U.S. Supreme Court agreed to hear a case seeking broader federal jurisdiction for constitutional challenges, the U.S. Court of Appeals for the Fifth Circuit found multiple constitutional infirmities in SEC practice and procedures, and a petition for certiorari was filed seeking to end the SEC's longstanding "gag order" requirement for settlements. Three cases — Cochran, Jarkesy and Romeril — represent three unique challenges to SEC practices. Here are some takeaways on what to look for next.