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Case Review — Axon Enterprise, Inc. v. Federal Trade Commission

Jay A Dubow and Mary M Weeks

In a new video series analyzing major court decisions, Mary Weeks and Jay A. Dubow examine the recent U.S. Supreme Court case Axon Enterprise, Inc. v. Federal Trade Commission. In Axon, the Court held in a 9–0 decision that the “review schemes set out in the Securities Exchange Act and Federal Trade Commission Act do not displace district court jurisdiction” over claims challenging the structure or existence of the SEC or FTC as unconstitutional. In their conversation, Dubow and Weeks discuss the history of the Axon case and explicate the reasoning the Supreme Court used in reaching its decision. They delve deep into the broader implications, too, including subsequent litigation; the likely impact on the SEC’s enforcement program; and what Axon might portend for challenges to the constitutionality of the administrative law judge process.

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The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for participating.