The district court dismissed the case, holding that federal law stripped it of jurisdiction to consider constitutional claims against the FTC while proceedings were underway.
Axon Enterprise then filed a petition for a writ of certiorari with the Supreme Court in July 2021, which was subsequently granted in January 2022.
The district court dismissed the case, holding federal law stripped it of jurisdiction to consider constitutional claims against the SEC while proceedings were underway.
In a divided opinion, the Fifth Circuit sitting en banc reversed the decision, holding the district court had jurisdiction to hear the claim.
The SEC then filed a petition for a writ of certiorari with the Supreme Court in March 2022, which was subsequently granted in May 2022.
The government cited the APA as concurrently stating that only final agency action is reviewable by courts.
[5] As to the APA, Axon and Cochran argued that the act only applies when the administrative regime provides adequate relief which it does not for the claims at hand.
[8] And third they argued that the agencies do not have the expertise needed to review their claims, no level of qualification in antitrust administrative law is of use in deciding constitutional questions.
With regard to the first factor, the government stressed that all parts of an agency's proceeding are reviewable in an appellate court.
[15] The case's similarity to previous Supreme Court precedent prompted much comparing and contrasting by both sides, especially with regards to Free Enterprise Fund v. Public Company Accounting Oversight Board.