Page:Axon Enterprise v. FTC.pdf/17

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
12
AXON ENTERPRISE, INC. v. FTC

Opinion of the Court

Thunder Basin, 510 U. S., at 212–213. Thunder Basin and Elgin both make clear that adequate judicial review does not usually demand a district court’s involvement. Review of agency action in a court of appeals can alone “meaningfully address[]” a party’s claims. Thunder Basin, 510 U. S., at 215; see Elgin, 567 U. S., at 21 (holding that Congress provided “meaningful review” in authorizing the Federal Circuit “to consider and decide petitioners’ constitutional claims”).[1] Still more, we agree with the Government that the reason Free Enterprise Fund gave for departing from Thunder Basin and Elgin on the judicial review issue does not apply to the cases before us. See Brief for Federal Parties 39–40. As just described, Free Enterprise Fund’s analysis on that score relied on the separation between the Board and the SEC. See supra, at 10. The accounting firm, recall, was enmeshed in a Board investigation. But some Board actions never go to the SEC—and the statutory scheme, we explained, “provides only for judicial review of Commission action.” 561 U. S., at 490 (emphasis in original). That meant the accounting firm, absent district court jurisdiction, might never have had judicial recourse. But no such worry exists here. Cochran and Axon are parties in ongoing SEC and FTC proceedings, and the statutes at issue provide for judicial review of SEC and FTC action. See 15 U. S. C. §§45(c), 78y(a). Under those statutes, Axon and Cochran can (eventually) obtain review of their constitutional claims through an appeal from an adverse agency


  1. That is so, as both decisions held, even if the agency itself could not have considered or remedied the party’s claim—for example, when the agency lacks the power to “declare a statute unconstitutional.” Elgin, 567 U. S., at 17; see Thunder Basin, 510 U. S., at 215. It is also so, as Thunder Basin illustrates, regardless of whether the claim involves a matter of substance (e.g., the coal company’s alleged right to exclude union officials) or one of procedure (e.g., the company’s asserted entitlement to an earlier hearing). See id., at 214–215; supra, at 8–9.