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
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| Date | Proceedings and Orders |
|---|---|
| 03/11/2022 | Petition for a writ of certiorari filed. (Response due April 11, 2022) |
| 03/29/2022 | Brief of respondent Michelle Cochran filed. |
| 04/08/2022 | Letter of April 8, 2022, from the Solicitor General filed. |
| 04/11/2022 | Brief amici curiae of Raymond J. Lucia, Sr., et al. filed. (Distributed) |
| 04/12/2022 | Letter of April 12, 2022 from counsel for respondent filed. |
| 04/13/2022 | DISTRIBUTED for Conference of 4/29/2022. |
| 05/09/2022 | DISTRIBUTED for Conference of 5/12/2022. |
| 05/16/2022 | Petition GRANTED. |
| 05/19/2022 | 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. |
| 06/01/2022 | 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. |
| 06/10/2022 | Blanket Consent filed by Respondent, Michelle Cochran |
| 06/16/2022 | Blanket Consent filed by Petitioner, Securities and Exchange Commission, et al. |
| 06/30/2022 | Brief of respondent Michelle Cochran filed. |
| 06/30/2022 | Joint appendix filed. (Statement of costs filed) |
| 07/05/2022 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| 07/06/2022 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 07/07/2022 | Brief amicus curiae of Institute for Justice filed. |
| 07/07/2022 | Brief amici curiae of Citizens United and Citizens United Foundation filed. |
| 07/07/2022 | Brief amicus curiae of Washington Legal Foundation filed. |
| 07/07/2022 | Brief amici curiae of Raymond J. Lucia, Sr., et al. filed. |
| 07/07/2022 | Brief amicus curiae of Chamber of Commerce of the United States filed. |
| 07/07/2022 | Brief amici curiae of Phillip Goldstein, et al. filed. |
| 07/07/2022 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| 07/07/2022 | Brief amicus curiae of Cato Institute filed. |
| 08/03/2022 | ARGUMENT SET FOR Monday, November 7, 2022. |
| 08/08/2022 | Consolidated response brief of federal parties filed. VIDED (21-86). |
| 08/31/2022 | CIRCULATED |
| 09/08/2022 | Motion to file the reply brief on the merits out of time filed by respondent Michelle Cochran (October 3, 2022). |
| 09/08/2022 | Reply of respondent Michelle Cochran filed. (Distributed) |
| 09/12/2022 | Record requested from the U.S.C.A. 5th Circuit. |
| 09/12/2022 | The record from the U.S.C.A. 5th circuit is electronic and located on Pacer. |
| 09/15/2022 | Record received from the U.S.D.C. Northern District of Texas has been electronically filed. |
| 10/03/2022 | Motion to file the reply brief on the merits out of time GRANTED. |
| 11/07/2022 | 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. |
| 04/14/2023 | 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. |
| 05/16/2023 | Judgment issued. |