FCC v. AT&T · ¶41

The carriers next insist that this case is SEC v. Jarkesy, 603 U. S. 109 (2024), all over again. But Jarkesy only proves our point. There, we held that the Securities and Exchange Commission (SEC) could not impose civil penalties using its in-house administrative process. Those penalties were immediately enforceable; the SEC could garnish the recipient's wages or deduct a portion of the forfeiture from his tax return. See 17 CFR §§ 204.50, 204.52, 204.54–204.56, 204.60– 204.65 (2024). And if the SEC were required to resort to judicial means of enforcement, no jury was available—at least as to the underlying legal violation. See 15 U. S. C. § 78u(e); see, e. g., SEC v. Gerasimowicz, 9 F. Supp. 3d 378, 381–382 (SDNY 2014); SEC v. McCarthy, 322 F. 3d 650, 658 (CA9 2003) (“By the time a [§ 78u(e)] application is fled by the Commission, the time and opportunity for adjudicating the merits of…

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