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NCLA seeks rehearing on SEC and FINRA jury trial rights violation case

Market News
11 Jun 2026
GlobeNewsWire
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The New Civil Liberties Alliance (NCLA) has requested the U.S. Court of Appeals for the Sixth Circuit to reconsider its ruling in a case involving Eric S. Smith against the SEC and FINRA. The case challenges punitive sanctions imposed without a jury trial, which NCLA argues violates constitutional rights. The Sixth Circuit panel acknowledged this likely violation but ruled that the court lacked authority to remedy it due to procedural issues. NCLA contends that only Article III courts can address such constitutional claims and that Smith had no obligation to seek SEC's advisory opinion before judicial relief. This case raises important separation-of-powers questions and follows precedent from a 2023 Supreme Court decision favoring NCLA's position.

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