At the National Constitution Center, The Future of the Securities & Exchange Commission. Here is the description of the podcast:
On Wednesday, November 29, the Supreme Court heard oral arguments in Securities and Exchange Commission v. Jarkesy. The case involves three constitutional challenges to the agency, involving the right to a jury trial; the nondelegation doctrine; and the scope of executive power. In this episode, Noah Rosenblum, assistant professor of law at NYU, and Ilan Wurman, assistant professor at the Sandra Day O’Connor College of Law at Arizona State University, join Jeffrey Rosen to break down the arguments in the case, which pits the federal regulatory agency against a hedge fund manager charged with securities violations. They break down the constitutional claims at play, and discuss how the case could affect the future of the SEC and the modern administrative state as we know it.
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Participants
Noah Rosenblum is an assistant professor of law at New York University School of Law, where he was previously the Samuel I. Golieb Fellow in Legal History. Rosenblum works on state and federal administrative law, constitutional law, and legal history. He wrote a recent piece in The Atlantic on the SEC case, “The Case That Could Destroy the Government.”
Ilan Wurman is an associate professor at the Sandra Day O’Connor College of Law at Arizona State University, where he teaches administrative law and constitutional law. He is the author of a casebook on Administrative Law Theory and Fundamentals (2021), as well A Debt Against the Living: An Introduction to Originalism (2017), and The Second Founding: An Introduction to the Fourteenth Amendment (2020).
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also a professor of law at The George Washington University Law School and a contributing editor of The Atlantic.
RELATED: Some recent thoughts on Jarkesy from me (on removal) and from Will Baude (on the jury issue).
Posted at 6:09 AM