Congressional Research Service: a survey of how appeals courts have applied Jarkesy. Several upheld agency proceedings, while others ruled against the Labor Department and HHS, and the Fifth Circuit in March 2026 extended Jarkesy to FTC cease-and-desist orders. The courts are split.
Congressional Research Service: a survey of how appeals courts have applied Jarkesy. Several upheld agency proceedings, while others ruled against the Labor Department and HHS, and the Fifth Circuit in March 2026 extended Jarkesy to FTC cease-and-desist orders. The courts are split.