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Amicus Briefs

Monex Deposit Company v. Commodity Futures Trading Commission

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CASE SUMMARY

NCLA filed an amicus brief in support of the petitioners’ request for a Writ of Certiorari from the U.S. Supreme Court in Monex Deposit Company, et al. v. Commodity Futures Trading Commission. In this case, CFTC was testing the furthest reaches of judicial deference to agency interpretations in order to exert its regulatory power.

Oddly, the agency had studiously avoided specifying which brand of judicial deference its legal interpretation relied upon, which had denied petitioners their due process right to know the legal basis of the charges against them. Regardless, NCLA contended that any judicial deference to an agency interpretation abandons the judicial duty under Article III to exercise independent judgment and exhibits systematic bias violating the due process of law under the Fifth Amendment.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer

RELEVANT MATERIALS

NCLA FILINGS

Brief Amicus Curiae of the New Civil Liberties Alliance Urging Grant of Certiorari

February 19, 2020 | Read More

PRESS RELEASES

NCLA Amicus Brief Supporting Cert Petition Criticizes CFTC’s Enforcement Power Grab

February 20, 2020 | Read More

IN THE MEDIA

The CFTC Velociraptor Has Escaped the Fence That Dodd–Frank Built to Contain It

April 8, 2020

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