Securities and Exchange Commission v. Jarkesy

While much attention has focused on recent Supreme Court decisions involving reproductive care rights and presidential immunity, a less-noticed case has potential implications for the health care industry. In the case of Securities and Exchange Commission v. Jarkesy, the Supreme Court ruled last week that the SEC’s use of administrative proceedings to levy a fine against a hedge fund manager for misleading investors deprived that manager of the right to a court trial.  While the immediate ruling addresses only the SEC case, the underlying rationale has implications across the federal government – including health care agencies. Currently, the Department of [...]