Supreme Court Report

Supreme Court of the United States · Official docket →

Raymond J. Lucia, et al. v. Securities and Exchange Commission

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 15-1345 · judgment June 26, 2017

Decided · June 21, 2018
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below and a D.C. Circuit decision below.

Question presented

Whether administrative law judges of the Securities and Exchange Commission are Officers of the United States within the meaning of the Appointments Clause. ORDER OF 1/1/2018 ANTON METLITSKY, ESQUIRE, OF NEW YORK, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW.

Counsel of record

For petitioner
Mark Andrew Perry
Weil, Gotshal & Manges, LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
5 cert-stage · 25 merits
(4 supporting pet./neither, 21 respondent)

Argument & decision

Argued April 23, 2018 — Mark Perry · Jeffrey B. Wall · Anton Metlitsky. Audio and transcript

Decided June 21, 2018. Opinion by Kagan.

Proceedings

  1. Jul 23 2018
    JUDGMENT ISSUED.
  2. Jun 21 2018
    Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Alito, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Ginsburg and Sotomayor, JJ., joined as to Part III. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined.
  3. Apr 23 2018
    Argued. For petitioners: Mark Perry, Washington, D. C. For respondent in support of petitioners: Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Anton Metlitsky, New York, N. Y.
  4. Apr 16 2018
    Reply of respondent Securities and Exchange Commission in support of petitioners filed. (Distributed)
  5. Apr 16 2018
    Record received from the United States Securities and Exchange Commission. The record is electronic.
  6. Apr 13 2018
    Motion of the Solicitor General for divided argument GRANTED.
  7. Apr 13 2018
    Reply of petitioners Raymond J. Lucia, et al. filed. (Distributed)
  8. Apr 02 2018
    Brief amici curiae of Constitutional and Administrative Law Scholars filed. (Distributed)
  9. Apr 02 2018
    Brief amici curiae of David Zaring filed. (Distributed)
  10. Apr 02 2018
    Brief amicus curiae of National Black Lung Association filed. (Distributed)
  11. Apr 02 2018
    Brief amicus curiae of Association of Administrative Law Judges filed. (Distributed)
  12. Apr 02 2018
    Brief amicus curiae of Cornell Securities Law Clinic filed. (Distributed)
  13. Apr 02 2018
    Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
  14. Apr 02 2018
    Brief amicus curiae of National Organization of Social Security Claimants' Representatives filed. (Distributed)
  15. Mar 30 2018
    Record requested from the U.S.C.A. District of Columbia Circuit.
  16. Mar 30 2018
    Motion of the Solicitor General for divided argument filed.
  17. Mar 30 2018
    Record requested from the U.S.C.A. District of Columbia Circuit.
  18. Mar 26 2018
    Brief of Court-appointed amicus curiae in suport of the judgment below filed. (Distributed)
  19. Mar 07 2018
    CIRCULATED
  20. Feb 28 2018
    Brief amicus curiae of Washington Legal Foundation filed.
  21. Feb 28 2018
    Brief amicus curiae of The Chamber of Commerce of the United States filed.
  22. Feb 28 2018
    Brief amici curiae of Administrative Law Scholars in support of neither party filed.
  23. Feb 28 2018
    Brief amici curiae of States of Utah, et al. filed.
  24. Feb 28 2018
    Brief amicus curiae of Professor Jennifer L. Mascott filed.
  25. Feb 28 2018
    Brief amici curiae of RD Legal Capital, LLC and Roni Dersovitz filed.
  26. Feb 28 2018
    Brief amici curiae of J.S. Oliver Capital Management, L.P. and Ian O. Mausner filed.
  27. Feb 28 2018
    Brief amici curiae of Urska Velikonja and Joseph A. Grundfest in support of neither party filed.
  28. Feb 28 2018
    Brief amicus curiae of Wing F. Chau filed.
  29. Feb 28 2018
    Brief amicus curiae of Equity Dealers of America filed.
  30. Feb 28 2018
    Brief amicus curiae of Scholars of Corpus Linguistics filed.
  31. Feb 28 2018
    Brief amicus curiae of New Civil Liberties Alliance filed.
  32. Feb 27 2018
    Brief amicus curiae of Pacific Legal Foundation filed.
  33. Feb 27 2018
    Brief amicus curiae of The Forum of United States Administrative Law Judges in support of neither party filed.
  34. Feb 26 2018
    Brief amicus curiae of Federal Administrative Law Judges Conference in support of neither party filed.
  35. Feb 23 2018
    SET FOR ARGUMENT on Monday, April 23, 2018.
  36. Feb 23 2018
    Brief amicus curiae of SHOW, Inc. filed.
  37. Feb 22 2018
    Brief amicus curiae of Anthony Michael Sabino filed.
  38. Feb 21 2018
    Brief of petitioners Raymond J. Lucia, et al. filed.
  39. Feb 21 2018
    Brief of respondent Securities and Exchange Commission in support of petitioners filed.
  40. Feb 21 2018
    Brief amicus curiae of Cato Institute filed.
  41. Feb 20 2018
    Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
  42. Feb 08 2018
    Motion to dispense with printing the joint appendix filed by petitioners Raymond J. Lucia, et al.
  43. Feb 07 2018
    The joint appendix, petitioners' brief on the merits, and brief of respondent Securities and Exchange Commission shall be filed on or before February 21, 2018. Any amicus curiae briefs in support of petitioners or in support of neither party shall be filed on or before February 28, 2018.
  44. Feb 07 2018
    The brief of Court-Appointed amicus curiae in support of the judgment below shall be filed on or before March 26, 2018. Any other amicus curiae brief supporting affirmance (the judgment below) shall be filed on or before April 2, 2018.
  45. Feb 07 2018
    Blanket Consent filed by Respondent, Securities and Exchange Commission
  46. Jan 26 2018
    Letter of petitioners Raymond J. Lucia, et al. on behalf of the parties filed.
  47. Jan 18 2018
    Anton Metlitsky, Esquire, of New York, New York, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
  48. Jan 16 2018
    Blanket Consent filed by Petitioners, Raymond J. Lucia, et al..
  49. Jan 12 2018
    Petition GRANTED.
  50. Jan 08 2018
    DISTRIBUTED for Conference of 1/12/2018.
  51. Dec 13 2017
    DISTRIBUTED for Conference of 1/5/2018.
  52. Dec 13 2017
    Reply of petitioners Raymond J. Lucia, et al. filed. (Distributed)
  53. Nov 29 2017
    Brief of respondent Securities and Exchange Commission filed.
  54. Nov 14 2017
    Motion to extend the time to file a response from November 15, 2017 to November 29, 2017, submitted to The Clerk.
  55. Nov 14 2017
    Order further extending time to file response to petition to and including November 29, 2017.
  56. Oct 18 2017
    Order further extending time to file response to petition to and including November 15, 2017.
  57. Oct 17 2017
    Letter of October 17, 2017 from counsel for petitioners received.
  58. Sep 19 2017
    Brief amicus curiae of Anthony Michael Sabino filed.
  59. Sep 14 2017
    Order further extending time to file response to petition to and including October 25, 2017.
  60. Aug 25 2017
    Brief amicus curiae of The Chamber of Commerce of the United States filed.
  61. Aug 25 2017
    Brief amicus curiae of Pacific Legal Foundation filed.
  62. Aug 25 2017
    Brief amicus curiae of Mark Cuban filed.
  63. Aug 25 2017
    Brief amicus curiae of Cato Institute filed.
  64. Aug 16 2017
    Order extending time to file response to petition to and including September 25, 2017.
  65. Jul 28 2017
    Blanket Consent filed by Petitioners, Raymond J. Lucia, et al. on 07/31/2017
  66. Jul 21 2017
    Petition for a writ of certiorari filed. (Response due August 25, 2017)