Supreme Court Report

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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: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and counsel who has filed here before.

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

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 30, 2023 · Certiorari denied

Proceedings

  1. Oct 30 2023
    Petition DENIED.
  2. Oct 04 2023
    DISTRIBUTED for Conference of 10/27/2023.
  3. Sep 26 2023
    Waiver of right of respondent Securities and Exchange Commission to respond filed.
    Main Document
  4. Sep 11 2023
    Petition for a writ of certiorari filed. (Response due October 13, 2023)
    PetitionCertificate of Word CountProof of Service