FCC v. AT&T · ¶65

In the orders, the Commission asserted that it could impose these penalties without involving an Article III court. It informed AT&T and Verizon that, contrary to what the Court holds today, agency monetary penalties such as these did not “need to be adjudicated in Article III courts with a right to trial by jury.” Id., at 127a. In the Commission's view, Congress could put claims such as these “beyond the ambit of the Seventh Amendment by assigning their resolution to a forum in which jury trials are unavailable.” Id., at 127a–128a (internal quotation marks omitted); contra, ante, at 544 (majority opinion). The Commission also expressly disagreed with the Fifth Circuit's then-recent decision in Jarkesy v. SEC, 34 F. 4th 446 (2022), which held such adjudications unconstitutional. See, e. g., App. to Pet. for Cert. in No. 25–567, at 134a. This Court would affirm the Fifth Cir- cuit's…

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