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Monex Deposit Company v. Commodity Futures Trading Commission

Petition for certiorari denied on June 29, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-933 9th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether 7 U.S.C. § 9, the Commodity Exchange Act’s “prohibition against manipulation,” empowers the Commodity Futures Trading Commission to punish conduct that does not manipulate any commodities market, simply because the conduct involves a retail transaction in a commodity; and (2) whether the CFTC violated fundamental principles of due process when it abruptly reversed its 30-year position that the petitioner Monex Deposit Company's business model was not subject to the CFTC’s regulatory authority and retroactively applied its new and incorrect position in this $290 million enforcement action.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 23 2020Petition for a writ of certiorari filed. (Response due February 24, 2020)
Feb 10 2020Waiver of right of respondent Commodity Futures Trading Commission to respond filed.
Feb 19 2020DISTRIBUTED for Conference of 3/6/2020.
Feb 19 2020Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
Feb 19 2020Brief amicus curiae of Mountain States Legal Foundation filed.
Feb 27 2020Response Requested. (Due March 30, 2020)
Mar 25 2020Motion to extend the time to file a response from March 30, 2020 to May 4, 2020, submitted to The Clerk.
Mar 26 2020Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2020.
Apr 29 2020Motion to extend the time to file a response from May 4, 2020 to May 26, 2020, submitted to The Clerk.
Apr 30 2020Motion to extend the time to file a response is granted and the time is further extended to and including May 26, 2020.
May 26 2020Brief of respondent Commodity Futures Trading Commission in opposition filed.
Jun 09 2020DISTRIBUTED for Conference of 6/25/2020.
Jun 09 2020Reply of petitioners Monex Deposit Company, et al. filed. (Distributed)
Jun 29 2020Petition DENIED.
 
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