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Barton v. Securities and Exchange Commission

Certiorari Denied

Petition for certiorari denied on March 30, 2026.

Docket No.25-465
Op. Below5th Cir.

Issue

Whether 15 U.S.C. § 78u(d)(5) and its authorization for the Securities and Exchange Commission to seek “equitable relief” allow the SEC and a district court to use that general equitable authority to order a receivership — seizing every company owned by a defendant that benefitted to the slightest degree from the proceeds of his allegedly illegal acts — and thereby deprive the defendant of the resources to defend himself in a parallel criminal trial.

Proceedings & orders timeline

Sep 3, 2025
Application (25A265) to extend the time to file a petition for a writ of certiorari from September 14, 2025 to November 13, 2025, submitted to Justice Alito.
Sep 5, 2025
Application (25A265) granted by Justice Alito extending the time to file until October 14, 2025.
Oct 14, 2025
Petition for a writ of certiorari filed. (Response due November 17, 2025)
Nov 13, 2025
Waiver of right of respondent United States Securities and Exchange Commission to respond filed.
Nov 17, 2025
Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
Nov 17, 2025
Brief amicus curiae of Bitcoin Foundation filed. (Distributed)
Nov 17, 2025
Brief amicus curiae of Open-Source AI Foundation filed. (Distributed)
Nov 17, 2025
Brief amici curiae of Libertarian Party of Idaho, et al. filed. (Distributed)
Nov 17, 2025
Brief amicus curiae of Ken Paxton, Attorney General of Texas filed. (Distributed)
Nov 17, 2025
Brief amici curiae of United States Congressional Representatives filed. (Distributed)
Nov 17, 2025
Brief amicus curiae of Project Veritas filed. (Distributed)
Nov 17, 2025
Brief amicus curiae of Rio Grande Foundation filed. (Distributed)
Nov 17, 2025
Brief amici curiae of Young Americans for Liberty, Inc., et al. filed. (Distributed)
Nov 18, 2025
DISTRIBUTED for Conference of 12/5/2025.
Nov 25, 2025
Response Requested. (Due December 26, 2025)
Dec 18, 2025
Motion to extend the time to file a response from December 26, 2025 to January 26, 2026, submitted to The Clerk.
Dec 19, 2025
Motion to extend the time to file a response is granted and the time is extended to and including January 26, 2026.
Dec 29, 2025
Brief amicus curiae of U.S. Senator Cynthia Lummis filed.
Jan 23, 2026
Motion to extend the time to file a response from January 26, 2026 to February 25, 2026, submitted to The Clerk.
Jan 27, 2026
Motion to extend the time to file a response is granted and the time is further extended to and including February 25, 2026.
Feb 25, 2026
Brief of respondent Securities and Exchange Commission in opposition filed.
Feb 27, 2026
Motion of Libertarian Party of New York Et Al. for leave to file amicus brief submitted.
Feb 27, 2026
Motion of Rep. Anna Paulina Luna and Rep. Lauren Boebert for leave to file amicus brief submitted.
Mar 11, 2026
DISTRIBUTED for Conference of 3/27/2026.
Mar 19, 2026
Reply of petitioner Timothy Barton filed. (Distributed)
Mar 30, 2026
Petition DENIED.

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