Jarkesy and the problem of the separation of powers in the U.S.A.

This article discusses the significance of the US Supreme Court ruling of June 27, 2024 in Securities and Exchange Commission v. Jarkesy. The literature highlights the various implications of this ruling in the context of the role that US administrative agencies play in the system of public authority. Jarkesy does not provide a clear answer to the doubts surrounding the adjudicating function of agencies, nor does it determine the status of administrative law judges, but it does indicate the direction the Supreme Court may take in the near future. Undoubtedly, this direction is aimed at reducing the powers of agencies, which seemed obvious given the rapidly growing importance of these entities at the expense not so much of the judiciary itself as of the principle of due process of law. For these reasons, it is worth presenting the complexity of the issue raised in Jarkesy from the perspective of a lawyer outside the common law system in the ongoing discussion.