When the Jarkesy decision was appealed to the entire 5th Circuit, however, the judges voted not to rehear the case. That means that the decision is final unless it is appealed to the Supreme Court and the Supreme Court hears the case.
Unless the SEC wants to give up its home court advantage, a Supreme Court petition is its only option.
If and when the Jarkesy decision reaches the Supreme Court, it will present an arguably unprecedented challenge to the administrative state’s enforcement actions. Basic rights such as the trial by jury and the independent judiciary will be implicated.
Source: SEC Case Could Take Down Administrative State’s Home Court Advantage
