YOUR RIGHT TO A TRIAL BY JURY

YOUR RIGHT TO A TRIAL BY JURY    



AMERICANS AGAINST FORECLOSURES ( AAF ) AAF        
         
SUPREME COURT OF THE UNITED STATES
No. 22–859 SECURITIES AND EXCHANGE COMMISSION ( SEC ), PETITIONER v. GEORGE R. JARKESY, JR., ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
[June 27, 2024]

JUSTICE GORSUCH, with whom JUSTICE THOMAS joins, concurring.
(Excerpt from Justice Gorsuch Opinion)

“I write separately to highlight that other constitutional provisions reinforce the correctness of the Court’s course. The Seventh Amendment’s jury-trial right does not work alone.

It operates together with Article III and the Due Process Clause of the Fifth Amendment to limit how the government may go about depriving an individual of life, liberty, or property.

The Seventh Amendment guarantees the right to trial by jury.

Article III entitles individuals to an independent judge who will preside over that trial.

And due process promises any trial will be held in accord with time-honored principles.  

Taken together, all three provisions vindicate the Constitution’s promise of a “fair trial in a fair tribunal.” In re Murchison, 349 U. S. 133, 136 (1955).”