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DOMESTIC SECURITIES, INC. v. S.E.C.

No. 02-1308.

333 F.3d 239 (2003)

DOMESTIC SECURITIES, INC., Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent. Nasdaq Stock Market, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2003.

Attorney(s) appearing for the Case

Warren L. Dennis argued the cause for petitioner. With him on the briefs was Linda Lerner.

Susan S. McDonald, Senior Litigation Counsel, Securities & Exchange Commission, argued the cause for respondent. With her on the brief were Meyer Eisenberg, Deputy General Counsel, Jacob H. Stillman, Solicitor, and John W. Avery, Special Counsel.

Peter E. Greene argued the cause and filed the brief for intervenor.

Before: SENTELLE, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Under the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq. (2000), the Securities and Exchange Commission (SEC or Commission) must approve any changes to the rules of the National Association of Securities Dealers, Inc. (NASD), the private organization responsible for self-regulation of the over-the-counter (OTC) securities market. In 2002, the SEC issued an order...

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