Forum
U.S. Court of Appeals for the D.C. Circuit
Case Status
Decided
Docket Number
1:13-cv-00635-RLW, 12-1422; 13-5252
Case Updates
D.C. Circuit panel reaffirms that SEC’s Conflict Minerals Rule violates First Amendment
April 03, 2017
A divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit reaffirmed the panel's prior judgment that a public disclosure provision of the SEC’s “Conflict Minerals Rule” violates the First Amendment by compelling companies to declare that their products might contribute to human rights abuses in the Democratic Republic of Congo and the surrounding region—a politically controversial and non-factual message.
The U.S. Chamber, along with the National Association of Manufacturers and the Business Roundtable, prevailed in April 2014 before the same panel on the same ground, but the panel granted petitions for rehearing in light of an intervening en banc decision of the D.C. Circuit in American Meat Institute v. USDA. Notwithstanding American Meat Institute, the panel reaffirmed its prior judgment.
Furthermore, a petition for rehearing en banc was denied in November 2015.
The District Court's final judgment was issued in April 2017.
Case Documents
- Petition for Review -- NAM and Chamber of Commerce, et al. v. U.S. Securities and Exchange Commission (SEC) (D.C. Circuit).pdf
- Scheduling Order -- NAM and Chamber of Commerce v. SEC (D.C. Circuit).pdf
- Amnesty International brief - NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Agency Docketing Statement -- NAM and Chamber of Commerce, et al. v. U.S. Securities and Exchange Commission (SEC) (D.C. Circuit).pdf
- Combined Certificate and Conflict -- NAM and Chamber of Commerce, et al. v. U.S. Securities and Exchange Commission (SEC) (D.C. Circuit).pdf
- Corporate Disclosure Statement -- NAM and Chamber of Commerce, et al. v. U.S. Securities and Exchange Commission (SEC) (D.C. Circuit).pdf
- Petitioners Consent Motion to Expedite -- NAM and Chamber of Commerce, et al. v. U.S. Securities and Exchange Commission (SEC) (D.C. Circuit).pdf
- Preliminary Statement of Issues -- NAM and Chamber of Commerce, et al. v. U.S. Securities and Exchange Commission (SEC) (D.C. Circuit).pdf
- Statement of Intent to Utilize Deferred Joint Appendix -- NAM and Chamber of Commerce, et al. v. U.S. Securities and Exchange Commission (SEC) (D.C. Circuit).pdf
- Briefing Schedule -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Certified Index -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Clerk's Order -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Petitioners Opening Merits Brief -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Industry Coalition Amici Brief in Support of Petitioners -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Experts on the Democratic Republic of the Congo amicus brief -- NAM and Chamber of Commerce v. SEC (D.C. Circuit).pdf
- Order scheduling oral argument -- NAM and Chamber of Commerce v. SEC (D.C. Circuit).pdf
- Respondent's Brief -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Global Witness and Former Members of the UN Group of Experts on the Democratic Republic of the Congo -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Amicus of Congressman McDermott et al. in support of respondent -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Brief of Intervenor for Respondent -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Better Markets amicus brief -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Reply Brief -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Final Brief of Intervenor for Respondent -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Final Respondents Brief -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Final Opening Brief of Petitioners -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Final Reply Brief of Petitioners -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Order cancelling oral argument -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Motion to Transfer -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Order granting motion to transfer -- NAM, Chamber of Commerce, and BRT v. SEC (D.C. Circuit).pdf
- Order -- NAM, Chamber of Commerce, and BRT v. SEC (D.C. District).pdf
- Joint Status Report -- NAM, Chamber of Commerce, and BRT v. SEC (D.C. District).pdf
- Letter to The Honorable Robert L. Wilkins -- NAM, Chamber of Commerce, and BRT v. SEC (D.C. District).pdf
- Notice of Supplemental Authority re API v. SEC -- NAM, Chamber of Commerce and BRT v. SEC (D.C. District).pdf
- Decision -- NAM, Chamber of Commerce and BRT v. SEC (D.C. District).pdf
- Notice of Appeal -- NAM, Chamber of Commerce and BRT v. SEC (D.C. District).pdf
- Motion to Expedite -- NAM, Chamber of Commerce and BRT (D.C. Circuit).pdf
- Preliminary Filings - NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Opening Brief -- NAM, Chamber of Commerce, and BRT v. SEC (D.C. Circuit) (filed 09.11.13).pdf
- SEC Brief -- Nam and Chamber of Commerce, et al. v. SEC (D.C. Circuit).pdf
- Intervenor-Appelle (Amnesty Int'l) -- National Assoc. of Manuf, U.S. Chamber of Commerce, and BRT v. SEC.pdf
- Reply Brief -- Nam and Chamber of Commerce, et al. v. SEC (D.C. Circuit).pdf
- 28j letter -- NAM and U.S. Chamber of Commerce, et al. v. SEC (D.C. Circuit).pdf
- Chamber NAM Response -- NAM and U.S. Chamber of Commerce, et al. v. SEC (D.C. Circuit).pdf
- Opinion -- NAM and U.S. Chamber of Commerce, et al. v. SEC (D.C. Circuit).pdf
- SEC Guidance -- NAM, U.S. Chamber of Commerce, et al. v. SEC (DC Circuit).pdf
- Motion for Stay to the SEC-- Nam and U.S. Chamber of Commerce, et al. v. SEC (D.C. Circuit).pdf
- Motion for Stay -- NAM and U.S. Chamber of Commerce, et al. v. SEC (D.C. Circuit).pdf
- SEC Denial of Stay Motion -- NAM, U.S. Chamber of Commerce, et al. v. SEC (D.C. Circuit).pdf
- Amnesty International Petition for Rehearing -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Joint Response to Petitions for Rehearing -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Global Witness Supplemental Amicus NAM, U.S. Chamber of Commerce v. SEC (D.C. Circuit - rehearing).pdf
- Amnesty International Supplemental Brief on Rehearing -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- SEC Supplemental Brief -- NAM, Chamber of Commerce and BRT v. SEC (D.C. Circuit).pdf
- Supplemental Brief of Appellants -- NAM and Chamber of Commerce v. SEC (D.C. Circuit).pdf
- Revised Opinion -- NAM and Chamber of Commerce v. SEC (D.C. Circuit).pdf
- Second Petition by Intervenors-Appellees for Rehearing En Banc -- NAM and Chamber of Commerce v. SEC (D.C. Circuit).pdf
- SEC Petition for Rehearing en banc -- NAM and Chamber of Commerce v. SEC (D.C. Circuit).pdf
- Final Judgment -- NAM and Chamber of Commerce v. SEC (D.C. Circuit).pdf