Amicus Briefs
Axon Enterprise v. FTC
CASE SUMMARY
NCLA filed amicus curiae briefs supporting Axon Enterprise Inc.in the body camera company’s fight to keep its constitutional claims against the U.S. Federal Trade Commission (FTC) in federal court. NCLA’s initial brief solely addressed the “Tentative Ruling” issued by the U.S. District Court for the District of Arizona, which concluded that federal courts do not have jurisdiction to evaluate a facial challenge brought under the U.S. Constitution.
As NCLA argued in its Lucia, Cochran, and Gibson cases against the U.S. Securities & Exchange Commission (SEC), defendants have a due process right not to endure hearings in front of constitutionally defective tribunals. The Supreme Court ruled as much in Lucia v. SEC in 2018. Axon Enterprise vindicated a similar right against FTC and to do so relied on rulings such as the preliminary injunction that NCLA obtained for client Michelle Cochran in the U.S. Court of Appeals for the Fifth Circuit.
NCLA contended that the District of Arizona should retain jurisdiction to discharge its Article III powers and address these threshold issues going to the constitutional defects in the tribunal itself, which FTC had no authority to address and where delay would have irreparably harmed Axon.
OUR TEAM
RELEVANT MATERIALS
NCLA FILINGS
Amicus Curiae Brief of the New Civil Liberties Alliance in Support of Appellant’s Petition for Rehearing En Banc
March 25, 2021 | Read More
Brief Amici Curiae of the New Civil Liberties Alliance and TechFreedom in Support of Plaintiff-Appellant and Reversal
May 8, 2020 | Read More
Order of the U.S. District Court for the District of Arizona Dismissing the Complaint
April 8, 2020 | Read More
Brief Amicus Curiae of the New Civil Liberties Alliance in Support of Plaintiff
March 27, 2020 | Read More
PRESS RELEASES
NCLA Amicus Brief Argues District Courts May Hear Constitutional Claims Against Federal Agencies
March 25, 2021 | Read More
NCLA’s Joint Amicus Brief in 9th Cir. Challenges Decision Rejecting Constitutional Claims Versus FTC
May 12, 2020 | Read More
NCLA Urges AZ District Court to Reverse Tentative Ruling Against Body Camera Co.
March 31, 2020 | Read More
IN THE MEDIA
The SEC Puts Itself on Moot—Answering Justice Robert Jackson’s Eight-Decade-Old Query—Has the SEC Become a Law Unto Itself?
September 19, 2023
Axon Q1 2021 Revenue Up 33% on Strong Product Demand, International Expansion, Raising Full-Year Outlook
KPVI
February 8, 2023
Axon Challenges FTCs Preclusion of Constitutional Claims in Ninth Circuit Appeal
New York Law Journal
February 8, 2023
Axon Suffers a Defeat in the 9th Circuit but Both Majority and Dissent See the Problem
NCLA Blog
February 4, 2021