Of the major cases the US Supreme Court has heard this term, one that might not have gotten as much attention as it should have, is SEC versus Jarkesy. The court heard oral arguments at the end of November, 2023. The case goes to the question of whether or not administrative agencies have the ability to use administrative courts with administrative law judges rather than those that are under the Third Article of the constitution to enforce their regulations and rulings.

The case is broadly seen as getting to the heart of separation of powers. increasingly executive agencies have found ways to concentrate power within themselves and not having to deal with the other branches of government.

The appeal filed held the argument that using administrative judges violates the constitution. The filing stated that the executive using its own judges to rule effectively meant that there was no oversight of the executive agencies that were pressuring the charges.

It also noted that the 7th Amendment of the Constitution gives the defendant the right of a trial by jury. For any civil damages that are greater than $20 one can also seek a jury. Executive agencies using their own courts have consistently refused to allow juries to be used.