Gibson v. Securities Exchange Commission

U.S. Supreme Court

Question(s) Presented

Whether Congress has implicitly stripped federal district courts of jurisdiction to adjudicate separationof-powers challenges to the authority of SEC administrative law judges to preside over enforcement proceedings.

Tab Group

Petition Stage

Cert. petition denied

January 11, 2021

U.S. Chamber urges Supreme Court to grant cert. to decide whether defendants in SEC administrative enforcement proceedings may bring suit in federal district court to challenge the constitutionality of administrative law judges

October 5, 2020

Click here to view the coalition amicus brief filed jointly by the U.S. Chamber, Cato Institute, and Competitive Enterprise Institue. Ashley C. Parrish and Russell G. Ryan of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents

Eleventh Circuit Rehearing Petition with Panel Opinion -- Gibson v. SEC (Eleventh Circuit).pdf

Cert. Petition -- Gibson v. SEC (U.S. Supreme Court).pdf

U.S. Chamber, et al. Amicus Brief -- Gibson v. SEC (U.S. Supreme Court).pdf