Supreme Court of the United States · Official docket →
Axon Enterprise, Inc. v. Federal Trade Commission, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-15662 · judgment January 28, 2021
Before the decision, about 3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).
Questions presented
After petitioner acquired an essentially insolvent competitor, it found itself subjected to the review of the Federal Trade Commission (FTC), rather than the Department of Justice (DOJ). While the DOJ route promises early access to judicial review, the FTC track is an altogether different matter. Petitioner faced a series of unreasonable demands from the FTC, and the prospect of “litigating” before administrative law judges insulated by unconstitutional doublefor-cause removal restrictions and subject to review by an unaccountable Commission. Rather than resign itself to the ongoing unconstitutional injuries inflicted by the FTC’s process, petitioner filed suit in district court seeking to enjoin the unconstitutional FTC proceedings. That lawsuit focused on constitutional issues collateral to the underlying antitrust issues, but the district court nonetheless dismissed it for want of jurisdiction based on implications drawn from a statutory grant of jurisdiction to review the FTC’s cease-and-desist orders. A divided Ninth Circuit affirmed, with the majority acknowledging that dismissal “makes little sense,” and the dissent contending that dismissal contradicted this Court’s precedents. The questions presented are:
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Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to “affirm, enforce, modify, or set aside” the Commission’s cease-and-desist orders.
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Whether, on the merits, the structure of the Federal Trade Commission, including the dual-layer for-cause removal protections afforded its administrative law judges, is consistent with the Constitution. LIMITED TO QUESTION 1 PRESENTED BY THE PETITION
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 9 conferences
Amicus briefs
4 cert-stage · 11 merits
(10 supporting pet./neither, 1 respondent)
Argument & decision
Argued November 7, 2022 — Paul D. Clement · Malcolm L. Stewart. Audio and transcript
Decided April 14, 2023. Opinion by Kagan.
Proceedings
- May 16 2023Judgment issued.
- Apr 14 2023Judgment REVERSED 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.
- Nov 07 2022Argued. For petitioner: Paul D. Clement, Alexandria, Va. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
- Sep 12 2022Record requested from the U.S.C.A. 9th Circuit.
- Sep 12 2022Records for the U.S.C.A.-9th Circuit and U.S.D.C.-Arizona are available on PACER.
- Sep 07 2022Reply of petitioner Axon Enterprise, Inc. filed. (Distributed)
- Aug 31 2022CIRCULATED
- Aug 12 2022Brief amicus curiae of American Antitrust Institute filed.
- Aug 08 2022Consolidated response brief of federal parties filed. VIDED (21-1239).
- Aug 03 2022ARGUMENT SET FOR Monday, November 7, 2022.
- Jun 01 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.
- 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.
- May 16 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- May 16 2022Brief amicus curiae of Chamber of Commerce of the United States filed.
- May 16 2022Brief amicus curiae of National Treasury Employees Union filed.
- May 16 2022Brief amicus curiae of Atlantic Legal Foundation filed.
- May 16 2022Brief amicus curiae of Separation of Powers Clinic at Antonin Scalia Law School filed.
- May 16 2022Brief amicus curiae of American Hospital Association filed.
- May 16 2022Brief amicus curiae of Committee For Justice filed.
- May 16 2022Brief amicus curiae of The Justice Society filed.
- May 13 2022Brief amicus curiae of Pacific Legal Foundation filed.
- May 11 2022Brief amicus curiae of Americans for Prosperity Foundation filed.
- May 10 2022Brief amici curiae of Washington Legal Foundation, et al. filed.
- May 09 2022Brief of petitioner Axon Enterprise, Inc. filed.
- May 04 2022Motion to dispense with printing the joint appendix filed by petitioner Axon Enterprise, Inc.
- Mar 25 2022Blanket Consent filed by Respondent, Federal Trade Commission, et al.
- Mar 23 2022Blanket Consent filed by Petitioner, Axon Enterprise, Inc.
- Feb 22 2022Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 9, 2022. The time to file respondents' brief on the merits is extended to and including August 8, 2022.
- Feb 03 2022Motion for an extension of time to file the briefs on the merits filed.
- Jan 24 2022Petition GRANTED limited to Question 1 presented by the petition.
- Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
- Jan 06 2022Rescheduled.
- Jan 03 2022DISTRIBUTED for Conference of 1/7/2022.
- Dec 20 2021Supplemental brief of petitioner Axon Enterprise, Inc. filed.
- Dec 07 2021Rescheduled.
- Dec 06 2021DISTRIBUTED for Conference of 12/10/2021.
- Dec 01 2021Rescheduled.
- Nov 29 2021DISTRIBUTED for Conference of 12/3/2021.
- Nov 15 2021DISTRIBUTED for Conference of 11/19/2021.
- Nov 15 2021Rescheduled.
- Nov 08 2021DISTRIBUTED for Conference of 11/12/2021.
- Nov 08 2021Rescheduled.
- Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
- Nov 01 2021Rescheduled.
- Oct 27 2021Rescheduled.
- Oct 06 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 06 2021Reply of petitioner Axon Enterprise, Inc. filed. (Distributed)
- Sep 22 2021Brief of respondents Federal Trade Commission, et al. in opposition filed.
- Aug 24 2021Motion to extend the time to file a response is granted and the time is extended to and including September 22, 2021.
- Aug 23 2021Motion to extend the time to file a response from August 23, 2021 to September 22, 2021, submitted to The Clerk.
- Aug 23 2021Brief amicus curiae of Chamber of Commerce of the United States filed.
- Aug 20 2021Brief amicus curiae of Americans for Prosperity Foundation filed.
- Aug 17 2021Brief amici curiae of Atlantic Legal Foundation and Cato Institute filed.
- Aug 06 2021Brief amicus curiae of Washington Legal Foundation filed.
- Aug 02 2021Blanket Consent filed by Petitioner, Axon Enterprise, Inc.
- Jul 20 2021Petition for a writ of certiorari filed. (Response due August 23, 2021)