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Securities and Exchange Commission v. Cochran

Docket No. Op. Below Argument Opinion Vote Author Term
21-1239 5th Cir. Nov 7, 2022
TBD TBD TBD OT 2022

Issue: Whether a federal district court has jurisdiction to hear a suit in which the respondent in an ongoing Securities and Exchange Commission administrative proceeding seeks to enjoin that proceeding, based on an alleged constitutional defect in the statutory provisions that govern the removal of the administrative law judge who will conduct the proceeding.

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