An investment adviser asked the US Supreme Court to take up his case and find that a federal appeals court lacks the authority to remand it to the SEC after vacating the commission’s order as unconstitutional.
George Jarkesy Jr. filed the cross-petition for certiorari one month after the Securities and Exchange Commission asked the high court to review the case, arguing the US Court of Appeals for the Fifth Circuit incorrectly found the SEC’s use of executive-branch judges unconstitutional.
urce: SEC Can’t Get Back Unconstitutional ALJs Case, Petitioner Says