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But it’s Complicated. And, of course, OFCCP’s Enforcement Scheme will “not go gentle into that good night.”
The case decision is Securities & Exchange Commission v. Jarkesy (Case No. 22-859; i.e., “SEC decision”).
The Seventh Amendment (passed in 1791) to the Constitution of the United States states:
Seventh Amendment Civil Trial Rights
“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the