Supreme Court Report

Supreme Court of the United States · Official docket →

Securities and Exchange Commission, et al. v. Michelle Cochran

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-10396 · judgment December 13, 2021

Decided · April 14, 2023
Pre-decision estimate: 55% cert probability (95% interval 45%–65%)

Before the decision, about 13.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.

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.

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Gregory George Garre
Latham & Watkins LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 10 merits
(10 respondent)

Argument & decision

Argued November 7, 2022 — Gregory G. Garre · Malcolm L. Stewart. Audio and transcript

Decided April 14, 2023. Opinion by Kagan.

Proceedings

  1. May 16 2023
    Judgment issued.
    Main Document
  2. Apr 14 2023
    Judgment 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.
  3. Nov 07 2022
    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.
  4. Oct 03 2022
    Motion to file the reply brief on the merits out of time GRANTED.
  5. Sep 15 2022
    Record received from the U.S.D.C. Northern District of Texas has been electronically filed.
  6. Sep 12 2022
    Record requested from the U.S.C.A. 5th Circuit.
  7. Sep 12 2022
    The record from the U.S.C.A. 5th circuit is electronic and located on Pacer.
  8. Sep 08 2022
    Motion to file the reply brief on the merits out of time filed by respondent Michelle Cochran (October 3, 2022).
    Main Document
  9. Sep 08 2022
    Reply of respondent Michelle Cochran filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  10. Aug 31 2022
    CIRCULATED
  11. Aug 08 2022
    Consolidated response brief of federal parties filed. VIDED (21-86).
    Main DocumentMain Document
  12. Aug 03 2022
    ARGUMENT SET FOR Monday, November 7, 2022.
  13. Jul 07 2022
    Brief amicus curiae of Institute for Justice filed.
    Main DocumentCertificate of Word CountProof of Service
  14. Jul 07 2022
    Brief amici curiae of Citizens United and Citizens United Foundation filed.
    Main DocumentCertificate of Word CountProof of Service
  15. Jul 07 2022
    Brief amicus curiae of Washington Legal Foundation filed.
    Main DocumentCertificate of Word CountProof of Service
  16. Jul 07 2022
    Brief amici curiae of Raymond J. Lucia, Sr., et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  17. Jul 07 2022
    Brief amicus curiae of Chamber of Commerce of the United States filed.
    Main DocumentCertificate of Word CountProof of Service
  18. Jul 07 2022
    Brief amici curiae of Phillip Goldstein, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  19. Jul 07 2022
    Brief amicus curiae of Americans for Prosperity Foundation filed.
    Main DocumentCertificate of Word CountProof of Service
  20. Jul 07 2022
    Brief amicus curiae of Cato Institute filed.
    Main DocumentCertificate of Word CountProof of Service
  21. Jul 06 2022
    Brief amicus curiae of Pacific Legal Foundation filed.
    Main DocumentCertificate of Word CountProof of Service
  22. Jul 05 2022
    Brief amicus curiae of Atlantic Legal Foundation filed.
    Main DocumentCertificate of Word CountCertificate of Word Count
  23. Jun 30 2022
    Brief of respondent Michelle Cochran filed.
    Main DocumentCertificate of Word CountProof of Service
  24. Jun 30 2022
    Joint appendix filed. (Statement of costs filed)
    Main DocumentProof of Service
  25. Jun 16 2022
    Blanket Consent filed by Petitioner, Securities and Exchange Commission, et al.
    Blanket Consent
  26. Jun 10 2022
    Blanket Consent filed by Respondent, Michelle Cochran
    Blanket Consent
  27. Jun 01 2022
    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.
  28. May 19 2022
    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.
    Main Document
  29. May 16 2022
    Petition GRANTED.
  30. May 09 2022
    DISTRIBUTED for Conference of 5/12/2022.
  31. Apr 13 2022
    DISTRIBUTED for Conference of 4/29/2022.
  32. Apr 12 2022
    Letter of April 12, 2022 from counsel for respondent filed.
    Main Document
  33. Apr 11 2022
    Brief amici curiae of Raymond J. Lucia, Sr., et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  34. Apr 08 2022
    Letter of April 8, 2022, from the Solicitor General filed.
    Main Document
  35. Mar 29 2022
    Brief of respondent Michelle Cochran filed.
    Main DocumentOtherProof of Service
  36. Mar 11 2022
    Petition for a writ of certiorari filed. (Response due April 11, 2022)
    Proof of ServicePetition