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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

DateProceedings and Orders (key to color coding)
07/20/2021Petition for a writ of certiorari filed. (Response due August 23, 2021)
08/02/2021Blanket Consent filed by Petitioner, Axon Enterprise, Inc.
08/06/2021Brief amicus curiae of Washington Legal Foundation filed.
08/17/2021Brief amici curiae of Atlantic Legal Foundation and Cato Institute filed.
08/20/2021Brief amicus curiae of Americans for Prosperity Foundation filed.
08/23/2021Motion to extend the time to file a response from August 23, 2021 to September 22, 2021, submitted to The Clerk.
08/23/2021Brief amicus curiae of Chamber of Commerce of the United States filed.
08/24/2021Motion to extend the time to file a response is granted and the time is extended to and including September 22, 2021.
09/22/2021Brief of respondents Federal Trade Commission, et al. in opposition filed.
10/06/2021DISTRIBUTED for Conference of 10/29/2021.
10/06/2021Reply of petitioner Axon Enterprise, Inc. filed. (Distributed)
10/27/2021Rescheduled.
11/01/2021DISTRIBUTED for Conference of 11/5/2021.
11/01/2021Rescheduled.
11/08/2021DISTRIBUTED for Conference of 11/12/2021.
11/08/2021Rescheduled.
11/15/2021DISTRIBUTED for Conference of 11/19/2021.
11/15/2021Rescheduled.
11/29/2021DISTRIBUTED for Conference of 12/3/2021.
12/01/2021Rescheduled.
12/06/2021DISTRIBUTED for Conference of 12/10/2021.
12/07/2021Rescheduled.
12/20/2021Supplemental brief of petitioner Axon Enterprise, Inc. filed.
01/03/2022DISTRIBUTED for Conference of 1/7/2022.
01/06/2022Rescheduled.
01/10/2022DISTRIBUTED for Conference of 1/14/2022.
01/18/2022DISTRIBUTED for Conference of 1/21/2022.
01/24/2022Petition GRANTED limited to Question 1 presented by the petition.
02/03/2022Motion for an extension of time to file the briefs on the merits filed.
02/22/2022Motion 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.
03/23/2022Blanket Consent filed by Petitioner, Axon Enterprise, Inc.
03/25/2022Blanket Consent filed by Respondent, Federal Trade Commission, et al.
05/04/2022Motion to dispense with printing the joint appendix filed by petitioner Axon Enterprise, Inc.
05/09/2022Brief of petitioner Axon Enterprise, Inc. filed.
05/10/2022Brief amici curiae of Washington Legal Foundation, et al. filed.
05/11/2022Brief amicus curiae of Americans for Prosperity Foundation filed.
05/13/2022Brief amicus curiae of Pacific Legal Foundation filed.
05/16/2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
05/16/2022Brief amicus curiae of Chamber of Commerce of the United States filed.
05/16/2022Brief amicus curiae of National Treasury Employees Union filed.
05/16/2022Brief amicus curiae of Atlantic Legal Foundation filed.
05/16/2022Brief amicus curiae of Separation of Powers Clinic at Antonin Scalia Law School filed.
05/16/2022Brief amicus curiae of American Hospital Association filed.
05/16/2022Brief amicus curiae of Committee For Justice filed.
05/16/2022Brief amicus curiae of The Justice Society filed.
05/19/2022Letter 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.
06/01/2022Upon 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.
08/03/2022ARGUMENT SET FOR Monday, November 7, 2022.
08/08/2022Consolidated response brief of federal parties filed. VIDED (21-1239).
08/12/2022Brief amicus curiae of American Antitrust Institute filed.
08/31/2022CIRCULATED
09/07/2022Reply of petitioner Axon Enterprise, Inc. filed. (Distributed)
09/12/2022Record requested from the U.S.C.A. 9th Circuit.
09/12/2022Records for the U.S.C.A.-9th Circuit and U.S.D.C.-Arizona are available on PACER.
11/07/2022Argued. For petitioner: Paul D. Clement, Alexandria, Va. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
04/14/2023Judgment REVERSED and case REMANDED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-86_l5gm.pdf'>opinion</a> 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.
05/16/2023Judgment issued.