Decided

No. 17-130

Raymond J. Lucia, et al. v. Securities and Exchange Commission

from the United States Court of Appeals for the District of Columbia Circuit

See other cases from the District of Columbia Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Alito, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Ginsburg and Sotomayor, JJ., joined as to Part III. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined.

Argued. For petitioners: Mark Perry, Washington, D. C. For respondent in support of petitioners: Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Anton Metlitsky, New York, N. Y.

Reply of respondent Securities and Exchange Commission in support of petitioners filed. (Distributed)

Record received from the United States Securities and Exchange Commission. The record is electronic.

Reply of petitioners Raymond J. Lucia, et al. filed. (Distributed)

Motion of the Solicitor General for divided argument GRANTED.

Brief amici curiae of Constitutional and Administrative Law Scholars filed. (Distributed)

Brief amicus curiae of National Organization of Social Security Claimants' Representatives filed. (Distributed)

Brief amicus curiae of Cornell Securities Law Clinic filed. (Distributed)

Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)

Brief amicus curiae of Association of Administrative Law Judges filed. (Distributed)

Brief amicus curiae of National Black Lung Association filed. (Distributed)

Brief amici curiae of David Zaring filed. (Distributed)

Motion of the Solicitor General for divided argument filed.

Record requested from the U.S.C.A. District of Columbia Circuit.

Brief of Court-appointed amicus curiae in suport of the judgment below filed. (Distributed)

CIRCULATED

Brief amicus curiae of New Civil Liberties Alliance filed.

Brief amicus curiae of Scholars of Corpus Linguistics filed.

Brief amicus curiae of Equity Dealers of America filed.

Brief amicus curiae of Wing F. Chau filed.

Brief amici curiae of Urska Velikonja and Joseph A. Grundfest in support of neither party filed.

Brief amici curiae of J.S. Oliver Capital Management, L.P. and Ian O. Mausner filed.

Brief amici curiae of RD Legal Capital, LLC and Roni Dersovitz filed.

Brief amicus curiae of Professor Jennifer L. Mascott filed.

Brief amici curiae of States of Utah, et al. filed.

Brief amici curiae of Administrative Law Scholars in support of neither party filed.

Brief amicus curiae of The Chamber of Commerce of the United States filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief amicus curiae of The Forum of United States Administrative Law Judges in support of neither party filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of Federal Administrative Law Judges Conference in support of neither party filed.

Brief amicus curiae of SHOW, Inc. filed.

SET FOR ARGUMENT on Monday, April 23, 2018.

Brief amicus curiae of Anthony Michael Sabino filed.

Brief amicus curiae of Cato Institute filed.

Brief of petitioners Raymond J. Lucia, et al. filed.

Brief of respondent Securities and Exchange Commission in support of petitioners filed.

Motion to dispense with printing the joint appendix filed by petitioners GRANTED.

Motion to dispense with printing the joint appendix filed by petitioners Raymond J. Lucia, et al.

Blanket Consent filed by Respondent, Securities and Exchange Commission

The joint appendix, petitioners' brief on the merits, and brief of respondent Securities and Exchange Commission shall be filed on or before February 21, 2018. Any amicus curiae briefs in support of petitioners or in support of neither party shall be filed on or before February 28, 2018.

The brief of Court-Appointed amicus curiae in support of the judgment below shall be filed on or before March 26, 2018. Any other amicus curiae brief supporting affirmance (the judgment below) shall be filed on or before April 2, 2018.

Letter of petitioners Raymond J. Lucia, et al. on behalf of the parties filed.

Anton Metlitsky, Esquire, of New York, New York, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.

Blanket Consent filed by Petitioners, Raymond J. Lucia, et al..

Petition GRANTED.

Reply of petitioners Raymond J. Lucia, et al. filed. (Distributed)

DISTRIBUTED for Conference of 1/5/2018.

Brief of respondent Securities and Exchange Commission filed.

Order further extending time to file response to petition to and including November 29, 2017.

Motion to extend the time to file a response from November 15, 2017 to November 29, 2017, submitted to The Clerk.

Order further extending time to file response to petition to and including November 15, 2017.

Letter of October 17, 2017 from counsel for petitioners received.

Brief amicus curiae of Anthony Michael Sabino filed.

Order further extending time to file response to petition to and including October 25, 2017.

Brief amicus curiae of Mark Cuban filed.

Brief amicus curiae of Cato Institute filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of The Chamber of Commerce of the United States filed.

Order extending time to file response to petition to and including September 25, 2017.

Blanket Consent filed by Petitioners, Raymond J. Lucia, et al. on 07/31/2017

Petition for a writ of certiorari filed. (Response due August 25, 2017)

Parties

Amici Curiae

Administrative Law Scholars, Amicus Curiae, represented by Richard James Pierce Jr.

Anthony Michael Sabino, Amicus Curiae, represented by Anthony Michael Sabino

Association of Administrative Law Judges, Amicus Curiae, represented by Ruthanne Mary Deutsch

Cato Institute, Amicus Curiae, represented by Ilya Shapiro

Constitutional and Administrative Law Scholars, Amicus Curiae, represented by Brianne Jenna Gorod

Cornell Securities Law Clinic, Amicus Curiae, represented by William Alan Jacobson

Court-appointed amicus curiae in suport of the judgment below, Amicus Curiae, represented by Anton Metlitsky

David Zaring, Amicus Curiae, represented by Katharine Minkel Mapes

Equity Dealers of America, Amicus Curiae, represented by Ilana Hope Eisenstein

Federal Administrative Law Judges Conference, Amicus Curiae, represented by John Michael Vittone

J.S. Oliver Capital Management, L.P. and Ian O. Mausner, Amicus Curiae, represented by Andrew Joseph Morris

Mark Cuban, Amicus Curiae, represented by Alex Lipman

National Black Lung Association, Amicus Curiae, represented by Stephen Arthur Sanders

National Organization of Social Security Claimants' Representatives, Amicus Curiae, represented by Eric Schnaufer

New Civil Liberties Alliance, Amicus Curiae, represented by Jonathan F. Mitchell

Pacific Legal Foundation, Amicus Curiae, represented by Oliver J. Dunford

Professor Jennifer L. Mascott, Amicus Curiae, represented by William Spencer Consovoy

RD Legal Capital, LLC and Roni Dersovitz, Amicus Curiae, represented by Albert Quoc Giang

Scholars of Corpus Linguistics, Amicus Curiae, represented by Gene Clayton Schaerr

Show, Inc., Amicus Curiae, represented by Rowland David Broiles

States of Utah, et al., Amicus Curiae, represented by Tyler Green

The Chamber of Commerce of the United States, Amicus Curiae, represented by Andrew John Pincus

The Forum of United States Administrative Law Judges, Amicus Curiae, represented by Gerald Marvin Bober

Urksa Velikonja and Joseph A. Grundfest, Amicus Curiae, represented by Brian Wolfman

Washington Legal Foundation, Amicus Curiae, represented by Cory L. Andrews

Wing F. Chau, Amicus Curiae, represented by Alex Lipman

 
Last updated: March 18, 2024