Can the government deny you a jury trial—and then refuse to let you challenge that denial in federal court?

NCLA is asking the Supreme Court to hear Smith v. SEC, a case challenging the constitutional limits of administrative adjudication and the procedural barriers that can prevent Americans from asserting their rights.

On this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Counsel Russ Ryan to discuss the newly filed Supreme Court petition.

NCLA client Eric Smith was sanctioned through a FINRA disciplinary proceeding without a jury or an Article III judge. The SEC subsequently affirmed the sanctions after years of delay.

When Smith sought review in the Sixth Circuit, NCLA argued that the proceedings violated constitutional protections recognized by the Supreme Court in SEC v. Jarkesy. But the appeals court declined to consider the constitutional challenge because Smith had not first presented it to the SEC.

NCLA is asking the Supreme Court to resolve disagreements among federal appeals courts over whether Americans must raise structural constitutional objections before administrative agencies—and whether they can be excused from doing so when the agency has already made clear that the argument would be futile.

Mark, John, and Russ explain why this dispute matters far beyond Eric Smith, why administrative agencies should not be the gatekeepers of constitutional challenges to their own proceedings, and what happens next as NCLA asks the Justices to hear the case.

After more than three years, Judge Pauline Newman's judicial conduct and disability proceeding has been transferred out of the Federal Circuit.

It's a significant and unprecedented development in a case that NCLA has been fighting since 2023.

On this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione and Andy Morris discuss the newly disclosed order from Eleventh Circuit Chief Judge William Pryor confirming that Judge Newman's proceeding has been transferred to the Eleventh Circuit.

Judge Newman has sought a transfer since April 2023, arguing that judges involved in the controversy should not adjudicate the proceeding themselves. Now, after multiple orders, suspensions, and years of litigation, a different judicial council will handle the matter.

John and Andy explain:

• Why Judge Newman sought a transfer in the first place
• What the Eleventh Circuit's new order reveals
• Why a transfer after more than three years is unprecedented
• What remains confidential about the proceeding
• Why Judge Newman requested broader public disclosure
• What the transfer means for the next phase of her case
• Why this development does not yet change her status on the bench

The transfer raises important questions about judicial impartiality, accountability, and the procedures used to investigate federal judges.

What happens next for Judge Newman? John and Andy explain what they can—and cannot—say about this major development.

Subscribe to Unwritten Law for updates on this case and NCLA's work defending constitutional rights.