Split Panel Rules That Party's Constitutional Challenge Of SEC Action Not Proper

Mealey's (August 13, 2020, 2:26 PM EDT) -- NEW ORLEANS — A divided Fifth Circuit U.S. Court of Appeals panel on Aug. 11 ruled that parties cannot raise constitutional challenges to a Securities and Exchange Commission  enforcement action in federal court before the end of the agency proceeding, citing its own precedent as well as precedent set by other circuit courts to find that "the statutory review scheme is the exclusive path for asserting a constitutional challenge to SEC proceedings" (Michelle Cochran v. Securities and Exchange Commission, et al., No. 19-10396, 5th Cir., 2020 U.S. App. LEXIS 25525)....

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