15/ Now Jarkesy's lawyer is up. And Kagan is seeking a consensus. Excellent questions about why we have an administrative state. She uses workplace safety and OSHA as the model of preventing injuries, instead of waiting for injuries and then tort suits that are too late.

16/ I think Alito laid out a majority opinion, narrowly limited to this statute on securities fraud: The fraud claim identified by the statute overlaps so closely with common law fraud that securities fraud triggers the 7th A. right to a jury trial. That's a sufficient basis & likely 5 or 6 votes.