Plaintiff initiated this action by filing her complaint on January 18, 2019, alleging that the SEC initiated an enforcement proceeding against her that violated Article II of the U.S. Constitution, because, in light of Lucia v. SEC, 138 S.Ct. 2044, (2018), SEC administrative law judges (“ALJs”) hold their positions in violation of A rticle II, 2 and the Fifth Amendment’s Due Process Clause, because the SEC violated its own rules, procedures, and deadlines. Doc.’ 1 at 1 ‘ 1, 2-3 ” 5-7. She sought to enjoin the proceeding and obtain declaratory relief. Id. at 23.
The defendants filed on March 12, 2019, a document titled “Defendants’ Amended Response to Plaintiff’s Motion for Preliminary Injunction” in which they included a section that provided argument and authority in support of the proposition that this court lacks jurisdiction to entertain this action. Doc. 19 at 6-15.