No. 18-1501
Charles C. Liu, et al. v. Securities and Exchange Commission
Tags: agency-enforcement disgorgement equitable-relief judicial-review kokesh-v-sec lower-court-precedent penalty sec-enforcement securities-law statutory-interpretation
Key Terms:
Environmental Securities JusticiabilityDoctri
Environmental Securities JusticiabilityDoctri
Latest Conference:
2019-11-01
(distributed 4 times)
Question Presented (AI Summary)
Whether the SEC may seek and obtain disgorgement from a court as equitable relief' for a securities law violation even though this Court has determined that such disgorgement is a penalty
Question Presented (from Petition)
QUESTION PRESENTED Whether the Securities and Exchange Commission may seek and obtain disgorgement from a court as “equitable relief” for a securities law violation even though this Court has determined that such disgorgement is a penalty.
Docket Entries
2020-07-24
JUDGMENT ISSUED.
2020-06-22
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-1501_8n5a.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion.
2020-03-03
Argued. For petitioners: Gregory G. Rapawy, Washington, D. C. For respondent: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
2020-02-14
Reply of petitioners Charles C. Liu, et al. filed. (Distributed)
2020-01-22
Brief amici curiae of Former Commissioners and Staff of the Securities and Exchange Commission filed. (Distributed)
2020-01-22
Brief amicus curiae of North American Securities Administrators Association, Inc. filed. (Distributed)
2020-01-22
Brief amici curiae of Better Markets, Inc., et al. filed. (Distributed)
2020-01-22
Brief amici curiae of Members of Congress filed. (Distributed)
2020-01-21
Brief amici curiae of State of Illinois, et al. filed. (Distributed)
2020-01-21
CIRCULATED
2020-01-20
Brief amici curiae of Securities Law Professors filed. (Distributed)
2020-01-20
Brief amici curiae of Former Federal Trade Commission Officials filed. (Distributed)
2020-01-15
Brief of respondent Securities and Exchange Commission filed.
2020-01-09
The record of the USCA 9th Circuit is available on PACER. Sealed record material of the USDC Central District of California received electronically.
2020-01-09
Record requested from the U.S.C.A. 9th Circuit.
2019-12-23
Brief amici curiae of Remedies and Restitution Scholars in support of neither party filed.
2019-12-23
Brief amicus curiae of Cato Institute filed.
2019-12-23
Brief amicus curiae of The New Civil Liberties Alliance filed.
2019-12-23
Brief amici curiae of Parker R. Hallam and Frederick A. Voight filed.
2019-12-23
Brief amici curiae of Law Professors filed.
2019-12-23
Brief amicus curiae of Washington Legal Foundation filed.
2019-12-23
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2019-12-20
Brief amicus curiae of New England Legal Foundation filed.
2019-12-20
Brief amicus curiae of Securities Industry and Financial Markets Association filed.
2019-12-20
Brief amicus curiae of Andy Altahawi filed.
2019-12-20
Brief amicus curiae of Oak Management Corporation in support of neither party filed.
2019-12-20
Brief amicus curiae of Americans for Prosperity Foundation filed.
2019-12-16
Brief of petitioners Charles C. Liu, et al. filed.
2019-12-16
Joint appendix filed. (Statement of costs filed)
2019-11-26
SET FOR ARGUMENT on Tuesday, March 3, 2020.
2019-11-19
Blanket Consent filed by Petitioners, Charles C. Liu, et al.
2019-11-01
Petition GRANTED.
2019-10-28
DISTRIBUTED for Conference of 11/1/2019.
2019-10-15
DISTRIBUTED for Conference of 10/18/2019.
2019-10-08
Rescheduled.
2019-09-18
Reply of petitioners Charles C. Liu, et al. filed. (Distributed)
2019-09-18
DISTRIBUTED for Conference of 10/11/2019.
2019-09-04
Brief of respondent Securities and Exchange Commission in opposition filed.
2019-08-01
Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2019.
2019-07-31
Motion to extend the time to file a response from August 5, 2019 to September 4, 2019, submitted to The Clerk.
2019-07-05
Response Requested. (Due August 5, 2019)
2019-06-19
DISTRIBUTED for Conference of 10/1/2019.
2019-06-13
Waiver of right of respondent Securities and Exchange Commission to respond filed.
2019-05-31
Petition for a writ of certiorari filed. (Response due July 3, 2019)
2019-03-22
Application (18A958) to extend the time to file a petition for a writ of certiorari from April 3, 2019 to May 31, 2019, submitted to Justice Kagan.
2019-03-22
Application (18A958) granted by Justice Kagan extending the time to file until May 31, 2019.
Attorneys
Americans for Prosperity Foundation
Andy Altahawi
Robert G. Heim — Tarter Krinsky & Drogin LLP, Amicus
Robert G. Heim — Tarter Krinsky & Drogin LLP, Amicus
Better Markets, Inc.; Center for Responsible Lending; National Consumer Law Center
Dennis Michael Kelleher — Better Markets, Inc., Amicus
Dennis Michael Kelleher — Better Markets, Inc., Amicus
Cato Institute
Chamber of Commerce of the United States of America
Adam G. Unikowsky — Jenner & Block LLP, Amicus
Adam G. Unikowsky — Jenner & Block LLP, Amicus
Charles C. Liu, et al.
Former Commissioners and Staff of the Securities and Exchange Commission
Former Federal Trade Commission Officials
David Charney Vladeck — Georgetown Law School, Amicus
David Charney Vladeck — Georgetown Law School, Amicus
Law Professors
Members of Congress
New England Legal Foundation
North American Securities Administrators Association, Inc.
Oak Management Corporation
Michael B. Kimberly — McDermott Will & Emery, Amicus
Michael B. Kimberly — McDermott Will & Emery, Amicus
Parker R. Hallam and Frederick A. Voight
Remedies and Restitution Scholars
Securities and Exchange Commission
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent
Securities Industry and Financial Markets Association
Securities Law Professors
State of Illinois
The New Civil Liberties Alliance
Washington Legal Foundation
Richard A. Samp — Washington Legal Foundation, Amicus
Richard A. Samp — Washington Legal Foundation, Amicus