CHAMBER OF COMMERCE OF U.S. v. UNITED STATES SEC

No. 23-60255.

88 F.4th 1115 (2023)

CHAMBER OF COMMERCE OF the UNITED STATES of America; Longview Chamber of Commerce; Texas Association of Business, Petitioners, v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED December 19, 2023.


Attorney(s) appearing for the Case

Noel John Francisco , Brinton Lucas (argued), Brian Charles Rabbitt , Charles E.T. Roberts , Jones Day, Washington, DC, Tyler Stephen Badgley , Kevin Ryan Palmer , Counsel, U.S. Chamber Litigation Center, Washington, DC, for Petitioners.

Ezekiel Levenson Hill , Securities and Exchange Commission, Office of General Counsel, Washington, DC, Dominick V. Freda , Assistant General Counsel, Theodore Joseph Weiman (argued), U.S. Securities & Exchange Commission, Washington, DC, for Respondent.

Angela Laughlin Brown, Gray Reed & McGraw, Dallas, TX, for Amicus Curiae. Investor Choice Advocates Network (ICAN).

Megan Leef Brown, Thomas M. Johnson, Jr., General Counsel, Wiley Rein, L.L.P., Washington, DC, for Amici Curiae S. P. Kothari, James Overdahi.

Jeffrey Liu, Gibson, Dunn & Crutcher, L.L.P., Washington, DC, for Amicus Curiae Manhattan Institute.

Christopher Bates, Office of the Attorney General, for the State of Utah, Salt Lake City, UT, for Amici Curiae State of Utah, State of Alabama, State of Alaska, State of Arkansas, State of Georgia, State of Idaho, State of Indiana, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of New Hampshire, State of Ohio, State of Oklahoma, State of South Carolina, John Paul Schnapper-Casteras, Schnapper-Casteras, P.L.L.C., Washington, DC, for Amicus Curiae Better Markets, Incorporated.

Julie Goldsmith Reiser, Esq., Cohen Milstein Sellers & Toll, P.L.L.C., Washington, DC, for Amici Curiae Matthew D. Cain, Alex Edmans, Brian Galle, Vyacheslav Fos, Edwin Hu, Robert Jackson, Bradford Lynch, Joshua Mitts, Shivaram Rajgopal, Jonathon Zytnick.

Before Smith and Southwick, Circuit Judges.


The petitioners move this court to vacate the final rule. The time to respond or oppose has expired. We grant the motion and vacate the rule.

On October 31, 2023, we issued an opinion on petitioners' challenge to the rule of the Securities and Exchange Commission ("SEC") requiring issuers to report day-to-day...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases