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.
For more insightful business law content, top-tier CLE programming, and valuable connections, join the ABA Business Law Section, a global network of more than 30,000 business law professionals.