Supreme Court of the United States · Official docket →
Elon Musk v. Securities and Exchange Commission
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-1291 · judgment May 15, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
As a condition of settlement, the Securities and Exchange Commission demanded that petitioner waive his First Amendment rights to speak on matters ranging far beyond the charged violations. Petitioner challenged that requirement as an unconstitutional condition, but the court of appeals held that he could not bring such a challenge because he had acquiesced to the Commission’s demands. The question presented is: Whether a party’s acceptance of a benefit prevents that party from contending that the government violated the unconstitutional conditions doctrine in requiring a waiver of constitutional rights in exchange for that benefit.
Counsel of record
For petitioner
Ellyde Roko Thompson
Quinn, Emanuel, Urquhart & Sullivan, LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Apr 29 2024Petition DENIED.
- Apr 10 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 05 2024Reply of petitioner Elon Musk filed.
- Mar 22 2024Brief of respondent U.S. Securities and Exchange Commission in opposition filed.
- Feb 14 2024Motion to extend the time to file a response is granted and the time is further extended to and including March 22, 2024.
- Feb 13 2024Motion to extend the time to file a response from February 21, 2024 to March 22, 2024, submitted to The Clerk.
- Jan 19 2024Brief amicus curiae of New Civil Liberties Alliance filed.
- Jan 16 2024Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2024.
- Jan 12 2024Motion to extend the time to file a response from January 22, 2024 to February 21, 2024, submitted to The Clerk.
- Dec 21 2023Response Requested. (Due January 22, 2024)
- Dec 20 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 13 2023Waiver of right of respondent U.S. Securities and Exchange Commission to respond filed.
- Dec 07 2023Petition for a writ of certiorari filed. (Response due January 10, 2024)
- Oct 18 2023Application (23A342) granted by Justice Sotomayor extending the time to file until December 7, 2023.
- Oct 12 2023Application (23A342) to extend the time to file a petition for a writ of certiorari from October 22, 2023 to December 7, 2023, submitted to Justice Sotomayor.