Day 363: We interrupt this constitutional revolution to bring you: bunnies

The Supreme Court announced its decision today in Jarkesy v. SEC, holding that the agency can’t decide in adjudication whether a party violated statutory securities fraud claims. Instead, the Court held, the Seventh Amendment’s right to a jury trial for “claims at common law” requires that securities fraud cases be decided by an Article III judge.

This may or may not be a big deal for agencies, depending how far the logic extends. Other agencies? Other claims? How close does the analogy to a common law claim have to be? At a minimum, the holding opens the barn door for parties to cry jury trial any time an agency finds a violation.

I’ll have more to say about Jarkesy in the coming days as I digest the Court’s opinion. But for tonight, I’m pretty tired and I want to share something equally important…

THERE’S A FAMILY OF BUNNIES LIVING IN OUR YARD.

For real. We see them all the time. When I came home last night, three of the babies were snacking on our grass. One ran away, but I snapped a pic of the other two from a non-scary distance.

I know gardeners hate bunnies, but I like animals more than plants (well, plants in my stomach, animals in the yard). I’m rooting for these little guys. On upside-down days, they turn things right-side up.