Getting a jury is one of the most venerated constitutional rights Americans have. But if you’re before the Securities and Exchange Commission there’s been no veneration. Until now, as a recent Supreme Court case Jarkesy v. SEC has knocked the SEC back on its heels. So you’d think that other people before the SEC would be able to get their jury trials too. Unfortunately, though, to enforce that right you need to properly raise it—at least raise it in a way that’s good enough for the court you happen to be before. Which was not true at the Sixth Circuit, as IJ’s Will Aronin informs us. The court told a defendant that he didn’t argue the SEC was unconstitutionally denying him a jury early enough in the process. This seems weird because at that point Jarkesy hadn’t come out yet. Too bad so sad says the court, although it goes on to also say the defendant nevertheless raised some really good points. Then Andrew Ward of IJ discusses a qualified immunity case about a tragic shooting where a police officer seems to have far too easily used deadly force. The Tenth Circuit says there’s no qualified immunity for the officer on a Fourth Amendment claim even though there’s no case exactly like the one before it.

Smith v. SEC

Manning v. Tulsa

Jarkesy v. SEC

Recent Episodes

Short Circuit 452 | Election Law Special!

Vote early. But maybe don’t vote often? That’s the bottom line from Short Circuit’s biannual election special. With the 2026 General Election only days away, […]

Listen Now

Short Circuit 451 | Tales from the Tenth

Short Circuit visited the Tenth Circuit Bench and Bar Conference in Colorado Springs. Between gin and tonics at the Broadmoor hotel we heard from a […]

Listen Now

Short Circuit 450 | Cocaine in the Curtilage

If you’ve ever seen the 1971 flick “The French Connection” you may know a bit about hiding illegal drugs inside the bodies of cars. Someone […]

Listen Now

Short Circuit 449 | Supreme Court Preview

Our annual Supreme Court term preview, this year from Wake Forest Law and released today, First Monday, the first day of the Supreme Court’s new […]

Listen Now