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U.S. Supreme Court

Apr. 17, 2023

District courts can decide constitutionality of SEC, FTC actions

The challenges in the case reviewed by the high court alleged that much of the two commissions’ work is unconstitutional. District courts should be allowed to make those decisions, according to the unanimous opinion written by Justice Elena Kagan.

District courts can hear constitutional challenges to actions by the Securities Exchange Commission and the Federal Trade Commission rather than going through their administrative review process, the U.S. Supreme Court ruled Friday.

The challenges in the case reviewed by the high court alleged that much of the two commissions’ work is unconstitutional. District courts should be allowed to make those decisions, according to the unanimous op...

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