Big Deal / Little Deal: Why the U.S. Supreme Court’s Loper Bright Opinion Is a Gamechanger While Its Jarkesy Opinion Is Insignificant in Comparison

The final week of June was a big one for those who have been following what seems to be a constriction of federal agency power under Chief Justice Roberts.  A decision in Securities and Exchange Commission v. Jarkesy came on Thursday, June 27 followed by the Court’s decision in Loper Bright Enterprises v. Raimondo just the day after, on Friday, June 28.  Our biggest takeaway?  Pay attention to both.  It is clear after these—and 2022’s West Virginia v. EPA and July 1’s Corner Post v. Board of Governors of the Federal Reserve—that power is being rebalanced, by this Court, away from federal agencies.  But the second part of the takeaway?  Understand that Loper Bright is a huge development while Jarkesy was a very good outcome for the SEC.

We tackle Jarkesy first.  You probably have seen numerous headlines commenting on the decision along the lines of “the Court strips federal agency of enforcement power,” “SEC in-house courts determined unconstitutional,” or yet more over-the-top, “critical enforcement tool snatched from SEC.”  Do not be fooled; these headlines are clickbait….

Source: Big Deal / Little Deal: Why the U.S. Supreme Court’s Loper Bright Opinion Is a Gamechanger While Its Jarkesy Opinion Is Insignificant in Comparison