Securities and Exchange Commission v. Cochran
Docket No.
21-1239
Granted:
May 16, 2022
Argued:
November 7, 2022
Decided:
April 14, 2023
Materials
| 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. |
| 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. |
| Motion to file the reply brief on the merits out of time GRANTED. |
| Record received from the U.S.D.C. Northern District of Texas has been electronically filed. |
| The record from the U.S.C.A. 5th circuit is electronic and located on Pacer. |
| Record requested from the U.S.C.A. 5th Circuit. |
| Letter of September 8, 2022 from counsel for respondent filed. of Michelle Cochran submitted. |
| Reply of Michelle Cochran submitted. |
| Reply of respondent Michelle Cochran filed. (Distributed) |
| Motion to file the reply brief on the merits out of time filed by respondent Michelle Cochran (October 3, 2022). |
| Motion to file the reply brief on the merits out of time filed by respondent Michelle Cochran. |
| CIRCULATED |
| Brief of Securities and Exchange Commission, et al. submitted. |
| Consolidated response brief of federal parties filed. VIDED (21-86). |
| Brief of petitioners Securities and Exchange Commission, et al. filed. VIDED. |
| ARGUMENT SET FOR Monday, November 7, 2022. |
| Amicus brief of Phillip Goldstein, Mark Cuban, Nelson Obus, and Investor Choice Advocates Network submitted. |
| Amicus brief of Raymond J. Lucia, Sr., George R. Jarkesy, Jr., and Christopher M. Gibson submitted. |
| Amicus brief of Cato Institute submitted. |
| Amicus brief of Americans for Prosperity Foundation submitted. |
| Amicus brief of Washington Legal Foundation submitted. |
| Brief amicus curiae of Institute for Justice filed. |
| Amicus brief of Citizens United and Citizens United Foundation submitted. |
| Amicus brief of Institute for Justice submitted. |
| Amicus brief of Chamber of Commerce of the United States submitted. |
| Brief amici curiae of Phillip Goldstein, Mark Cuban, Nelson Obus, and Investor Choice Advocates Network filed. |
| Brief amicus curiae of Americans for Prosperity Foundation filed. |
| Brief amici curiae of Raymond J. Lucia, Sr., et al. filed. |
| Brief amici curiae of Phillip Goldstein, et al. filed. |
| Brief amicus curiae of Cato Institute filed. |
| Brief amici curiae of Citizens United and Citizens United Foundation filed. |
| Brief amicus curiae of Washington Legal Foundation filed. |
| Brief amici curiae of Raymond J. Lucia, Sr., George R. Jarkesy, Jr., and Christopher M. Gibson filed. |
| Brief amicus curiae of Chamber of Commerce of the United States filed. |
| Brief amicus curiae of Pacific Legal Foundation filed. |
| Amicus brief of Pacific Legal Foundation submitted. |
| Brief amicus curiae of Atlantic Legal Foundation filed. |
| Amicus brief of Atlantic Legal Foundation submitted. |
| Joint Appendix submitted. |
| Brief of Michelle Cochran submitted. |
| Brief of respondent Michelle Cochran filed. |
| Joint appendix filed. (Statement of costs filed) |
| Consent to the filing of amicus briefs received from counsel for Securities and Exchange Commission, et al. submitted. |
| Blanket Consent filed by Petitioner, Securities and Exchange Commission, et al. |
| Consent to the filing of amicus briefs received from counsel for Michelle Cochran submitted. |
| Blanket Consent filed by Respondent, Michelle Cochran |
| 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. |
| 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 in filed. |
| Letter of Securities and Exchange Commission, et al. submitted. |
| 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. |
| Petition GRANTED. |
| DISTRIBUTED for Conference of 5/12/2022. |
| DISTRIBUTED for Conference of 4/29/2022. |
| Letter of April 12, 2022 from counsel for respondent filed. |
| Brief amici curiae of Raymond J. Lucia, Sr., et al. filed. (Distributed) |
| Letter of April 8, 2022, from the Solicitor General filed. |
| Brief of respondent Michelle Cochran filed. |
| Petition for a writ of certiorari filed. (Response due April 11, 2022) |
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