No. 21-1239
Securities and Exchange Commission, et al. v. Michelle Cochran
Tags: administrative-law administrative-law-judge civil-procedure constitutional-challenge constitutional-law district-court-jurisdiction federal-jurisdiction removal-provisions sec-administrative-proceeding securities-regulation separation-of-powers statutory-interpretation
Key Terms:
AdministrativeLaw Arbitration DueProcess Securities LaborRelations JusticiabilityDoctri
AdministrativeLaw Arbitration DueProcess Securities LaborRelations JusticiabilityDoctri
Latest Conference:
2022-05-12
(distributed 2 times)
Question Presented (AI Summary)
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
Question Presented (OCR Extract)
QUESTION PRESENTED 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. (D)
Docket Entries
2023-05-16
Judgment issued.
2023-04-14
Judgment is AFFIRMED and case REMANDED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-86_l5gm.pdf'>opinion</a> 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.
2022-11-07
Argued. 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.
2022-10-03
Motion to file the reply brief on the merits out of time GRANTED.
2022-09-15
Record received from the U.S.D.C. Northern District of Texas has been electronically filed.
2022-09-12
The record from the U.S.C.A. 5th circuit is electronic and located on Pacer.
2022-09-12
Record requested from the U.S.C.A. 5th Circuit.
2022-09-08
Motion to file the reply brief on the merits out of time filed by respondent Michelle Cochran (October 3, 2022).
2022-09-08
Reply of respondent Michelle Cochran filed. (Distributed)
2022-08-31
CIRCULATED
2022-08-03
ARGUMENT SET FOR Monday, November 7, 2022.
2022-07-07
Brief amicus curiae of Washington Legal Foundation filed.
2022-07-07
Brief amicus curiae of Cato Institute filed.
2022-07-07
Brief amicus curiae of Americans for Prosperity Foundation filed.
2022-07-07
Brief amici curiae of Phillip Goldstein, et al. filed.
2022-07-07
Brief amicus curiae of Chamber of Commerce of the United States filed.
2022-07-07
Brief amici curiae of Raymond J. Lucia, Sr., et al. filed.
2022-07-07
Brief amici curiae of Citizens United and Citizens United Foundation filed.
2022-07-07
Brief amicus curiae of Institute for Justice filed.
2022-07-06
Brief amicus curiae of Pacific Legal Foundation filed.
2022-07-05
Brief amicus curiae of Atlantic Legal Foundation filed.
2022-06-30
Joint appendix filed. (Statement of costs filed)
2022-06-30
Brief of respondent Michelle Cochran filed.
2022-06-16
Blanket Consent filed by Petitioner, Securities and Exchange Commission, et al.
2022-06-10
Blanket Consent filed by Respondent, Michelle Cochran
2022-06-01
Upon 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.
2022-05-19
Letter 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.
2022-05-16
Petition GRANTED.
2022-05-09
DISTRIBUTED for Conference of 5/12/2022.
2022-04-13
DISTRIBUTED for Conference of 4/29/2022.
2022-04-12
Letter of April 12, 2022 from counsel for respondent filed.
2022-04-11
Brief amici curiae of Raymond J. Lucia, Sr., et al. filed. (Distributed)
2022-04-08
Letter of April 8, 2022, from the Solicitor General filed.
2022-03-29
Brief of respondent Michelle Cochran filed.
2022-03-11
Petition for a writ of certiorari filed. (Response due April 11, 2022)
Attorneys
Americans for Prosperity Foundation
Atlantic Legal Foundation
Lawrence S. Ebner — Atlantic Legal Foundation, Amicus
Cato Institute
Clark M. Neily III — Cato Institute, Amicus
Chamber of Commerce of the United States
Sarah Michelle Harris — Williams & Connolly LLP, Amicus
Citizens United and Citizens United Foundation
Institute for Justice
Jared Alan McClain — Institute for Justice, Amicus
Michelle Cochran
Gregory George Garre — Latham & Watkins LLP, Respondent
Pacific Legal Foundation
John Kerkhoff — Pacific Legal Foundation, Amicus
Phillip Goldstein, Mark Cuban, Nelson Obus, and Investor Choice Advocates Network
Nicolas Morgan — Paul Hastings LLP, Amicus
Raymond J. Lucia, Sr., George R. Jarkesy, Jr., and Christopher M. Gibson
Securities and Exchange Commission, et al.
Elizabeth B. Prelogar — Solicitor General, Petitioner
Washington Legal Foundation