Axon Enterprise, Inc. v. Federal Trade Commission
Consolidated with Securities and Exchange Commission v. Cochran (21-1239)
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
Reversed and remanded, 9-0, in an opinion by Elena Kagan on Apr 14, 2023. Justice Thomas filed a concurring opinion. Justice Gorsuch filed an opinion concurring in the judgment.
Jul 20, 2021Petition for a writ of certiorari filed. (Response due August 23, 2021)Aug 2, 2021Blanket Consent filed by Petitioner, Axon Enterprise, Inc.Aug 6, 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 6, 2021DISTRIBUTED for Conference of 10/29/2021.
Oct 6, 2021Reply of petitioner Axon Enterprise, Inc. filed. (Distributed)Oct 27, 2021Rescheduled.
Nov 1, 2021DISTRIBUTED for Conference of 11/5/2021.
Nov 1, 2021Rescheduled.
Nov 8, 2021DISTRIBUTED for Conference of 11/12/2021.
Nov 8, 2021Rescheduled.
Nov 15, 2021DISTRIBUTED for Conference of 11/19/2021.
Nov 15, 2021Rescheduled.
Nov 29, 2021DISTRIBUTED for Conference of 12/3/2021.
Dec 1, 2021Rescheduled.
Dec 6, 2021DISTRIBUTED for Conference of 12/10/2021.
Dec 7, 2021Rescheduled.
Dec 20, 2021Supplemental brief of petitioner Axon Enterprise, Inc. filed.Jan 3, 2022DISTRIBUTED for Conference of 1/7/2022.
Jan 6, 2022Rescheduled.
Jan 10, 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 18, 2022DISTRIBUTED for Conference of 1/21/2022.
Jan 24, 2022Petition GRANTED limited to Question 1 presented by the petition.
Feb 3, 2022Motion for an extension of time to file the briefs on the merits filed.Feb 22, 2022Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 9, 2022. The time to file respondents' brief on the merits is extended to and including August 8, 2022.
Mar 23, 2022Blanket Consent filed by Petitioner, Axon Enterprise, Inc.Mar 25, 2022Blanket Consent filed by Respondent, Federal Trade Commission, et al.May 4, 2022Motion to dispense with printing the joint appendix filed by petitioner Axon Enterprise, Inc.May 9, 2022Brief of petitioner Axon Enterprise, Inc. filed.May 10, 2022Brief amici curiae of Washington Legal Foundation, et al. filed.May 11, 2022Brief amicus curiae of Americans for Prosperity Foundation filed.May 13, 2022Brief amicus curiae of Pacific Legal Foundation filed.May 16, 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 16, 2022Brief amicus curiae of Chamber of Commerce of the United States filed.May 16, 2022Brief amicus curiae of National Treasury Employees Union filed.May 16, 2022Brief amicus curiae of Atlantic Legal Foundation filed.May 16, 2022Brief amicus curiae of Separation of Powers Clinic at Antonin Scalia Law School filed.May 16, 2022Brief amicus curiae of American Hospital Association filed.May 16, 2022Brief amicus curiae of Committee For Justice filed.May 16, 2022Brief amicus curiae of The Justice Society filed.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 1, 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.
Aug 3, 2022ARGUMENT SET FOR Monday, November 7, 2022.
Aug 8, 2022Consolidated response brief of federal parties filed. VIDED (21-1239).Aug 12, 2022Brief amicus curiae of American Antitrust Institute filed.Aug 31, 2022CIRCULATED
Sep 7, 2022Reply of petitioner Axon Enterprise, Inc. filed. (Distributed)Sep 12, 2022Record requested from the U.S.C.A. 9th Circuit.
Sep 12, 2022Records for the U.S.C.A.-9th Circuit and U.S.D.C.-Arizona are available on PACER.
Nov 7, 2022Argued. For petitioner: Paul D. Clement, Alexandria, Va. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
Apr 14, 2023Judgment REVERSED 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.
May 16, 2023Judgment issued.Recommended Citation: Axon Enterprise, Inc. v. Federal Trade Commission, SCOTUSblog, https://www.scotusblog.com/cases/axon-enterprise-inc-v-federal-trade-commission/