Law360 quoted partner Emily Renshaw in an article looking at whether the US Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, which granted defendants facing administrative civil penalties the right to a jury trial, may lead to a similar state-level challenge in Massachusetts.
Emily noted that Massachusetts’s Supreme Judicial Court (SJC), when considering the issue, may find Justice Sotomayor’s dissent in Jarkesy persuasive.
“I think the SJC may be interested [in the issue], but I do think that the dissent in Jarkesy made very strong arguments as to why the processes should be left in place,” Emily said. “They certainly could go more along the lines of Justice Sotomayor’s dissent. There is a roadmap for both outcomes here.”