NCLA Wins Stay Pending Appeal from Fifth Circuit in Post-Lucia SEC Case

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Washington, D.C., Sept. 25, 2019 (GLOBE NEWSWIRE) -- It took barely a couple of hours after oral argument on the motion in New Orleans, for a panel of the U.S. Court of Appeals for the Fifth Circuit to issue an staying the SEC’s enforcement proceedings against NCLA client Michelle Cochran. The order in stays the SEC’s in-house administrative hearing against her until the Fifth Circuit resolves the merits of the appeal now pending before them in Ms. Cochran’s case.

The order from JJ. Edith Jones, Stephen Higginson, and Andrew Oldham reads: “IT IS ORDERED that Appellant’s motion for an injunction pending appeal under Federal Rule of Appellate Procedure 8 is GRANTED.”

The issue due up for appeal on the merits to the Fifth Circuit is whether the SEC may force Ms. Cochran to proceed in front of an SEC administrative law judge (ALJ) who enjoys multiple layers of unconstitutional protection from removal. NCLA and Michelle Cochran are delighted with the decision of the Fifth Circuit panel to stay her constitutionally defective administrative proceeding. Both are also pleased that the court appears willing to consider correcting a path appellate law in other circuits has taken that has been permitting the SEC to impose hearings on defendants that are predestined to be vacated.

The Fifth Circuit’s stay recognizes the enormous human cost and prejudicial delay that senseless, serial prosecutions impose on Americans like Ms. Cochran. Cochran’s case was one of dozens slated for reconsideration after the U.S. Supreme Court’s ruling last June in —which determined the SEC had been using unconstitutionally appointed ALJs. NCLA also represents Mr. Lucia in his post-Supreme Court litigation. 

Further details about Michelle’s case are available .

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NCLA is a nonprofit civil rights organization founded by prominent legal scholar  to protect constitutional freedoms from violations by the Administrative State. NCLA’spublic-interest litigation and other  advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans’ fundamental rights.

Judy Pino
New Civil Liberties Alliance
202-869-5218
judy.pino@ncla.legal

More news and information about New Civil Liberties Alliance

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Globe Newswire: 15:08 GMT Wednesday 25th September 2019

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