DC Circ. Unlikely To Revive Cato's SEC Gag Rule Challenge

Law360 (November 12, 2020, 8:03 PM EST) -- The D.C. Circuit offered little hope Thursday for the Cato Institute's bid to revive its constitutional challenge to the U.S. Securities and Exchange Commission's so-called gag order barring entities that reach settlements with it from publicly denying charges against them after judges expressed doubts the libertarian think tank has standing to sue.

U.S. Circuit Judges Robert L. Wilkins, Gregory G. Katsas and A. Raymond Randolph seemed poised to affirm a D.C. federal judge's February order, which found that Cato lacked standing because it's not directly injured by a mandatory "no-deny" policy or gag order that the regulator imposes on parties that enter into civil...

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