Sotomayor Warns of New 'Threat' from Supreme Court

In her dissenting opinion in Securities and Exchange Commission v. Jarkesy, Supreme Court Justice Sonia Sotomayor warned that the highest court has failed to understand how its 'decisions can threaten the separation of powers.'On Thursday, the Court released its 6-3 majority decision, ruling that 'When the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.

His legal team argued that the SEC's case against him, which included a $300,000 civil penalty and the repayment of $680,000 in allegedly ill-gotten gains, should have been heard in federal court with a jury, rather than by one of the SEC's administrative law judges.Sotomayor was joined by Justices Elena Kagan and Ketanji Brown Jackson in dissent, writing in her opinion that 'Congress had no reason to anticipate the chaos today's majority would unleash after all the years.

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