Securities and Exchange Commission v. Cochran
Consolidated with Axon Enterprise, Inc. v. Federal Trade Commission (21-86)
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 Elena Kagan on Apr 14, 2023. Justice Thomas filed a concurring opinion. Justice Gorsuch filed an opinion concurring in the judgment.
Mar 11, 2022Petition for a writ of certiorari filed. (Response due April 11, 2022)Mar 29, 2022Brief of respondent Michelle Cochran filed.Apr 8, 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 9, 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 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.
Jun 10, 2022Blanket Consent filed by Respondent, Michelle CochranJun 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 5, 2022Brief amicus curiae of Atlantic Legal Foundation filed.Jul 6, 2022Brief amicus curiae of Pacific Legal Foundation filed.Jul 7, 2022Brief amicus curiae of Institute for Justice filed.Jul 7, 2022Brief amici curiae of Citizens United and Citizens United Foundation filed.Jul 7, 2022Brief amicus curiae of Washington Legal Foundation filed.Jul 7, 2022Brief amici curiae of Raymond J. Lucia, Sr., et al. filed.Jul 7, 2022Brief amicus curiae of Chamber of Commerce of the United States filed.Jul 7, 2022Brief amici curiae of Phillip Goldstein, et al. filed.Jul 7, 2022Brief amicus curiae of Americans for Prosperity Foundation filed.Jul 7, 2022Brief amicus curiae of Cato Institute filed.Aug 3, 2022ARGUMENT SET FOR Monday, November 7, 2022.
Aug 8, 2022Consolidated response brief of federal parties filed. VIDED (21-86).Aug 31, 2022CIRCULATED
Sep 8, 2022Motion to file the reply brief on the merits out of time filed by respondent Michelle Cochran (October 3, 2022).Sep 8, 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.
Oct 3, 2022Motion to file the reply brief on the merits out of time GRANTED.
Nov 7, 2022Argued. 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.
Apr 14, 2023Judgment 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.
May 16, 2023Judgment issued.Recommended Citation: Securities and Exchange Commission v. Cochran, SCOTUSblog, https://www.scotusblog.com/cases/securites-and-exchange-commission-v-cochran/