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?
Gibson, Dunn & Crutcher LLP
Senior Litigation Counsel
New Civil Liberties Alliance
Program Director and Faculty
National Institute for Trial Advocacy
Antitrust & Consumer Protection
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].