Michelle COCHRAN, Plaintiff-Appellant
v.
SECURITIES AND EXCHANGE COMMISSION; Jay Clayton, in his official capacity as Chairman of the U.S. Securities and Exchange Commission; William P. Barr, U. S. Attorney General, in his Official Capacity, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Filed August 11, 2020.
Revised August 12, 2020.
Attorney(s) appearing for the Case
Margaret A. Little , New Civil Liberties Alliance, Washington, DC, Karen L. Cook , Karen Cook, P.L.L.C., Dallas, TX, for Plaintiff-Appellant.
Joshua Marc Salzman , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Daniel J. Aguilar , U.S. Department of Justice, Washington, DC, Rebecca Cutri-Kohart , U.S. Department of Justice, Civil Division, Washington, DC, Brian Walters Stoltz , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendants-Appellees Securities and Exchange Commission, William P. Barr.
Joshua Marc Salzman , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Daniel J. Aguilar , U.S. Department of Justice, Washington, DC, Rebecca Cutri-Kohart , U.S. Department of Justice, Civil Division, Washington, DC, for Defendant-Appellee Jay Clayton.
Samuel Wollin Cooper , Paul Hastings L.L.P., Houston, TX, for Amici Curiae Phillip Goldstein, Mark Cuban, Nelson Obus.
Ashley Charles Parrish, Esq. , King & Spalding, L.L.P., Washington, DC, for Amici Curiae Cato Institute, Cause Of Action Institute, Competitive Enterprise Institute.
Before OWEN, Chief Judge, and HAYNES and COSTA, Circuit Judges.
GREGG COSTA, Circuit Judge.
Judicial review of Securities and Exchange Commission proceedings lies in the courts of appeals after the agency rules. 15 U.S.C. § 78y. This appeal asks whether a party may nonetheless raise a constitutional challenge to an SEC enforcement action in federal district court before the agency proceeding ends. All five...
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