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Agency Jurisdiction Cases Need Coordination, Feds Tell SCOTUS

May 20, 2022, 5:16 PM

The US Supreme Court should coordinate briefing in cases involving which courts can hear arguments as to the constitutionality of the SEC’s and FTC’s in-house judges, the government said in a new letter.

The high court agreed to hear the Federal Trade Commission case in January and the Securities and Exchange Commission case earlier this week. “The two cases substantially overlap,” so their briefing schedules should be coordinated, even though oral arguments should still be held separately, US Solicitor General Elizabeth B. Prelogar, representing both agencies, said in a letter to the Supreme Court filed on both dockets.

In Axon ...