Navigating the Axon Decision: Understanding its Implications for Federal Agencies and Administrative Law

In a highly anticipated decision, the Supreme Court held in Axon Enterprise, Inc. v. FTC (consolidated with Cochran v. SEC) that federal district courts have jurisdiction to resolve challenges to the structure and existence of federal agencies whose decisions are subject to review in a court of appeals. The decision confirms that regulated entities in enforcement proceedings before the FTC and SEC need not await a final agency decision to raise these fundamental challenges—and it raises a number of questions as well. What types of questions are covered by Axon? Which other agencies are implicated by the decision? What does this decision mean for the future of administrative enforcement?

Russell Balikian


Gibson, Dunn & Crutcher LLP

Margaret Little

Senior Litigation Counsel

New Civil Liberties Alliance

Henry Su

Program Director and Faculty

National Institute for Trial Advocacy

Antitrust & Consumer Protection
Regulatory Process

Federalist Society’s Administrative Law & Regulation Practice Group

Federalist Society’s Corporations, Securities, & Antitrust Practice Group

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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