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Securities and Exchange Commission v. Cochran
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1239 | 5th 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: Affirmed 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 grant review in two cases that test jurisdiction of district courts (Amy Howe, May 16, 2022)
- Challenges to administrative action and retroactive relief for prisoners (John Elwood, May 11, 2022)
- New York sues New Jersey over compact governing Port of New York and New Jersey (Andrew Hamm, April 2, 2022)
| Date | Proceedings and Orders |
|---|---|
| Mar 11 2022 | Petition for a writ of certiorari filed. (Response due April 11, 2022) |
| Mar 29 2022 | Brief of respondent Michelle Cochran filed. |
| Apr 08 2022 | Letter of April 8, 2022, from the Solicitor General filed. |
| Apr 11 2022 | Brief amici curiae of Raymond J. Lucia, Sr., et al. filed. (Distributed) |
| Apr 12 2022 | Letter of April 12, 2022 from counsel for respondent filed. |
| Apr 13 2022 | DISTRIBUTED for Conference of 4/29/2022. |
| May 09 2022 | DISTRIBUTED for Conference of 5/12/2022. |
| May 16 2022 | Petition GRANTED. |
| 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. |
| Jun 10 2022 | Blanket Consent filed by Respondent, Michelle Cochran |
| Jun 16 2022 | Blanket Consent filed by Petitioner, Securities and Exchange Commission, et al. |
| Jun 30 2022 | Brief of respondent Michelle Cochran filed. |
| Jun 30 2022 | Joint appendix filed. (Statement of costs filed) |
| Jul 05 2022 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| Jul 06 2022 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Jul 07 2022 | Brief amicus curiae of Institute for Justice filed. |
| Jul 07 2022 | Brief amici curiae of Citizens United and Citizens United Foundation filed. |
| Jul 07 2022 | Brief amicus curiae of Washington Legal Foundation filed. |
| Jul 07 2022 | Brief amici curiae of Raymond J. Lucia, Sr., et al. filed. |
| Jul 07 2022 | Brief amicus curiae of Chamber of Commerce of the United States filed. |
| Jul 07 2022 | Brief amici curiae of Phillip Goldstein, et al. filed. |
| Jul 07 2022 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| Jul 07 2022 | Brief amicus curiae of Cato Institute filed. |
| Aug 03 2022 | ARGUMENT SET FOR Monday, November 7, 2022. |
| Aug 08 2022 | Consolidated response brief of federal parties filed. VIDED (21-86). |
| Aug 31 2022 | CIRCULATED |
| Sep 08 2022 | Motion to file the reply brief on the merits out of time filed by respondent Michelle Cochran (October 3, 2022). |
| Sep 08 2022 | Reply of respondent Michelle Cochran filed. (Distributed) |
| Sep 12 2022 | Record requested from the U.S.C.A. 5th Circuit. |
| Sep 12 2022 | The record from the U.S.C.A. 5th circuit is electronic and located on Pacer. |
| Sep 15 2022 | Record received from the U.S.D.C. Northern District of Texas has been electronically filed. |
| Oct 03 2022 | Motion to file the reply brief on the merits out of time GRANTED. |
| Nov 07 2022 | Argued. For Michelle Cochran: Gregory G. Garre, Washington, D. C. For Securities and Exchange Commission, et al.: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| Apr 14 2023 | Judgment is AFFIRMED 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. |
