SCOTUS Cert Recap: Venue for Constitutional Challenges to SEC Proceedings, Plus Scope of the Federal Post-Conviction ‘Safety-Valve’
Highlights
On May 16, the Supreme Court agreed to consider the following two questions:
Do federal district courts have jurisdiction to hear constitutional challenges to the Securities and Exchange Commission’s structure, procedures, and existence?
Does the “safety valve” of 28 U.S.C. Section 2255(e) allow federal inmates to collaterally attack their convictions, in second or successive petitions for relief, for reasons other than those listed in 28 U.S.C. 2255(h)?
On May 16, the U.S. Supreme Court added two more cases to its docket for next term. The first is a Securities and Exchange Commission (SEC) case that raises the same question as another case involving the Federal Trade Commission (FTC) that the Court will also hear next term: Whether federal district courts have jurisdiction to hear constitutional challenges to proceedings before administrative agencies. In the second, the Court will settle a question for which criminal defendants and the federal government alike have long been seeking resolution: Whether federal post-conviction law’s “safety valve” allows federal inmates to challenge their convictions on grounds beyond those specifically listed in the statute.
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