Kokesh v. Securities and Exchange Commission

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-529	10th Cir.	Apr 18, 2017 Tr.Aud.	Jun 5, 2017	9-0	Sotomayor	OT 2016

Holding: Because disgorgement sought by the Securities and Exchange Commission operates as a penalty under 28 U.S.C. § 2462, in that it is imposed by the courts as a consequence for violating public laws and for punitive purposes, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued.

Judgment: Reversed, 9-0, in an opinion by Justice Sotomayor on June 5, 2017.

SCOTUSblog Coverage

Opinion analysis: A statute of limitations does apply to SEC actions for disgorgement (Theresa Gabaldon)
Argument analysis: Does a statute of limitations apply to SEC actions for disgorgement? (Theresa Gabaldon)
Argument preview: The long arm of the SEC (Theresa Gabaldon)
Court adds 16 new cases to its merits docket (Expanded) (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Oct 18 2016	Petition for a writ of certiorari filed. (Response due November 18, 2016)
Nov 10 2016	Order extending time to file response to petition to and including December 19, 2016.
Nov 18 2016	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Dec 9 2016	Brief of respondent Securities and Exchange Commission filed.
Dec 15 2016	Reply of petitioner Charles R. Kokesh filed.
Dec 21 2016	DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017	DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017	Petition GRANTED.
Feb 13 2017	Motion to dispense with printing the joint appendix filed by petitioner Charles R. Kokesh.
Feb 17 2017	SET FOR ARGUMENT ON Tuesday, April 18, 2017.
Feb 21 2017	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 22 2017	Record requested from the U.S.C.A. 10th Circuit.
Feb 24 2017	Brief of petitioner Charles R. Kokesh filed.
Feb 27 2017	Record received from the U.S.C.A. 10th Circuit. The record is electronic and available on PACER.
Mar 3 2017	Brief amicus curiae of Mark Cuban filed.
Mar 3 2017	Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Mar 3 2017	Brief amicus curiae of American Investment Council filed.
Mar 3 2017	Brief amicus curiae of Chamber of Commerce of the United States of America, and the American Petroleum Institute filed.
Mar 3 2017	Brief amicus curiae of The Cato Institue filed.
Mar 3 2017	Brief amicus curiae of Washington Legal Foundation filed.
Mar 3 2017	Brief amicus curiae of Donald R. Miller,Jr., in His Capacity as the Independent Executor of the Will and Estate of Charles J. Wyly,Jr. filed.
Mar 3 2017	Brief amicus curiae of Americans for Forfeiture Reform filed.
Mar 22 2017	CIRCULATED.
Mar 27 2017	Brief of respondent Securities and Exchange Commission filed. (Distributed)
Apr 10 2017	Reply of petitioner Charles R. Kokesh filed. (Distributed)
Apr 18 2017	Argued. For petitioner: Adam Unikowsky, Washington, D. C. For respondent: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 5 2017	Judgment REVERSED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jul 7 2017	JUDGMENT ISSUED.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Kokesh v. Securities and Exchange Commission

SCOTUSblog Coverage

Featured Posts

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance – Rory Little

Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses – Amy Howe

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Peabody Award

Sigma Delta Chi

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