Supreme Court of the United States · Official docket →
David L. Smith v. Securities and Exchange Commission
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-746 · judgment April 7, 2023
Certiorari denied · October 30, 2023
Pre-decision estimate: 9% cert probability (95% interval 6%–12%)
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Is Petitioner entitled to collateral relief from an extra-legal “disgorgement” order, which the SEC had no power to obtain, and the district court had no power to impose?
Counsel of record
For petitioner
Justin Seth Weddle
Weddle Law PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 30 2023Petition DENIED.
- Oct 04 2023DISTRIBUTED for Conference of 10/27/2023.
- Sep 26 2023Waiver of right of respondent Securities and Exchange Commission to respond filed.
- Sep 11 2023Petition for a writ of certiorari filed. (Response due October 13, 2023)