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Axon Enterprise, Inc. v. Federal Trade Commission
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-86 | 9th Cir. |
Nov 7, 2022 |
Apr 14, 2023 | 9-0 | Kagan | OT 2022 |
Holding: The statutory review schemes set out in the Securities Exchange Act and Federal Trade Commission Act do not displace a district court’s federal-question jurisdiction over claims challenging as unconstitutional the structure or existence of the SEC or FTC.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kagan on April 14, 2023. Justice Thomas filed a concurring opinion. Justice Gorsuch filed an opinion concurring in the judgment.
SCOTUSblog Coverage
- Court approves early challenge to agency proceedings (Ronald Mann, April 14, 2023)
- Justices seem receptive to opening up early challenges to agency proceedings (Ronald Mann, November 8, 2022)
- In back-to-back cases, justices will scrutinize traditional limits on challenges to agency proceedings (Ronald Mann, November 4, 2022)
- Affirmative action cases up first in November argument calendar (Amy Howe, August 3, 2022)
- Justices take up cases on power of district courts and regulation of wetlands (Amy Howe, January 24, 2022)
- Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more (John Elwood, January 20, 2022)
- Intervention in Title IX proceedings and unlawful disclosures under the Privacy Act (Mitchell Jagodinski, July 30, 2021)
| Date | Proceedings and Orders |
|---|---|
| Jul 20 2021 | Petition for a writ of certiorari filed. (Response due August 23, 2021) |
| Aug 02 2021 | Blanket Consent filed by Petitioner, Axon Enterprise, Inc. |
| Aug 06 2021 | Brief amicus curiae of Washington Legal Foundation filed. |
| Aug 17 2021 | Brief amici curiae of Atlantic Legal Foundation and Cato Institute filed. |
| Aug 20 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| Aug 23 2021 | Motion to extend the time to file a response from August 23, 2021 to September 22, 2021, submitted to The Clerk. |
| Aug 23 2021 | Brief amicus curiae of Chamber of Commerce of the United States filed. |
| Aug 24 2021 | Motion to extend the time to file a response is granted and the time is extended to and including September 22, 2021. |
| Sep 22 2021 | Brief of respondents Federal Trade Commission, et al. in opposition filed. |
| Oct 06 2021 | DISTRIBUTED for Conference of 10/29/2021. |
| Oct 06 2021 | Reply of petitioner Axon Enterprise, Inc. filed. (Distributed) |
| Oct 27 2021 | Rescheduled. |
| Nov 01 2021 | DISTRIBUTED for Conference of 11/5/2021. |
| Nov 01 2021 | Rescheduled. |
| Nov 08 2021 | DISTRIBUTED for Conference of 11/12/2021. |
| Nov 08 2021 | Rescheduled. |
| Nov 15 2021 | DISTRIBUTED for Conference of 11/19/2021. |
| Nov 15 2021 | Rescheduled. |
| Nov 29 2021 | DISTRIBUTED for Conference of 12/3/2021. |
| Dec 01 2021 | Rescheduled. |
| Dec 06 2021 | DISTRIBUTED for Conference of 12/10/2021. |
| Dec 07 2021 | Rescheduled. |
| Dec 20 2021 | Supplemental brief of petitioner Axon Enterprise, Inc. filed. |
| Jan 03 2022 | DISTRIBUTED for Conference of 1/7/2022. |
| Jan 06 2022 | Rescheduled. |
| Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022. |
| Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022. |
| Jan 24 2022 | Petition GRANTED limited to Question 1 presented by the petition. |
| Feb 03 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Feb 22 2022 | Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 9, 2022. The time to file respondents' brief on the merits is extended to and including August 8, 2022. |
| Mar 23 2022 | Blanket Consent filed by Petitioner, Axon Enterprise, Inc. |
| Mar 25 2022 | Blanket Consent filed by Respondent, Federal Trade Commission, et al. |
| May 04 2022 | Motion to dispense with printing the joint appendix filed by petitioner Axon Enterprise, Inc. |
| May 09 2022 | Brief of petitioner Axon Enterprise, Inc. filed. |
| May 10 2022 | Brief amici curiae of Washington Legal Foundation, et al. filed. |
| May 11 2022 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| May 13 2022 | Brief amicus curiae of Pacific Legal Foundation filed. |
| May 16 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| May 16 2022 | Brief amicus curiae of Chamber of Commerce of the United States filed. |
| May 16 2022 | Brief amicus curiae of National Treasury Employees Union filed. |
| May 16 2022 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| May 16 2022 | Brief amicus curiae of Separation of Powers Clinic at Antonin Scalia Law School filed. |
| May 16 2022 | Brief amicus curiae of American Hospital Association filed. |
| May 16 2022 | Brief amicus curiae of Committee For Justice filed. |
| May 16 2022 | Brief amicus curiae of The Justice Society filed. |
| May 19 2022 | Letter of the Solicitor General on behalf of the parties in No. 21-86, Axon Enterprise, Inc. v. FTC, and No. 21-1239, SEC v. Cochran, regarding alignment of parties and briefing filed. |
| Jun 01 2022 | Upon consideration of the letter of May 19, 2022, from the Solicitor General on behalf of the parties in No. 21-86 and No. 21-1239, respondent in No. 21-1239 has to and including June 30, 2022, within which to file the joint appendix and the opening brief on the merits in No. 21-1239. The Solicitor General has to and including August 8, 2022, within which to file a consolidated response brief on the merits on behalf of the federal parties in No. 21-86 and No. 21-1239, limited to 20,000 words. |
| Aug 03 2022 | ARGUMENT SET FOR Monday, November 7, 2022. |
| Aug 08 2022 | Consolidated response brief of federal parties filed. VIDED (21-1239). |
| Aug 12 2022 | Brief amicus curiae of American Antitrust Institute filed. |
| Aug 31 2022 | CIRCULATED |
| Sep 07 2022 | Reply of petitioner Axon Enterprise, Inc. filed. (Distributed) |
| Sep 12 2022 | Record requested from the U.S.C.A. 9th Circuit. |
| Sep 12 2022 | Records for the U.S.C.A.-9th Circuit and U.S.D.C.-Arizona are available on PACER. |
| Nov 07 2022 | Argued. For petitioner: Paul D. Clement, Alexandria, Va. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| Apr 14 2023 | Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C.J., and Thomas, Alito, Sotomayor, Kavanaugh, Barrett and Jackson, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed an opinion concurring in the judgment. |
| May 16 2023 | Judgment issued. |
