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Axon Enterprise, Inc. v. Federal Trade Commission

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-86 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to “affirm, enforce, modify, or set aside” the Commission’s cease-and desist orders; and (2) whether, on the merits, the structure of the Federal Trade Commission, including the dual-layer for-cause removal protections afforded its administrative law judges, is consistent with the Constitution.

DateProceedings and Orders (key to color coding)
Jul 20 2021Petition for a writ of certiorari filed. (Response due August 23, 2021)
Aug 02 2021Blanket Consent filed by Petitioner, Axon Enterprise, Inc.
Aug 06 2021Brief amicus curiae of Washington Legal Foundation filed.
Aug 17 2021Brief amici curiae of Atlantic Legal Foundation and Cato Institute filed.
Aug 20 2021Brief amicus curiae of Americans for Prosperity Foundation filed.
Aug 23 2021Motion to extend the time to file a response from August 23, 2021 to September 22, 2021, submitted to The Clerk.
Aug 23 2021Brief amicus curiae of Chamber of Commerce of the United States filed.
Aug 24 2021Motion to extend the time to file a response is granted and the time is extended to and including September 22, 2021.
Sep 22 2021Brief of respondents Federal Trade Commission, et al. in opposition filed.
Oct 06 2021DISTRIBUTED for Conference of 10/29/2021.
Oct 06 2021Reply of petitioner Axon Enterprise, Inc. filed. (Distributed)
Oct 27 2021Rescheduled.
Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
Nov 01 2021Rescheduled.
Nov 08 2021DISTRIBUTED for Conference of 11/12/2021.
Nov 08 2021Rescheduled.
Nov 15 2021DISTRIBUTED for Conference of 11/19/2021.
Nov 15 2021Rescheduled.
Nov 29 2021DISTRIBUTED for Conference of 12/3/2021.
Dec 01 2021Rescheduled.
Dec 06 2021DISTRIBUTED for Conference of 12/10/2021.
Dec 07 2021Rescheduled.
Dec 20 2021Supplemental brief of petitioner Axon Enterprise, Inc. filed.
Jan 03 2022DISTRIBUTED for Conference of 1/7/2022.
Jan 06 2022Rescheduled.
Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.