Page:Axon Enterprise v. FTC.pdf/11

6 district court in Axon’s case found that the FTC Act’s comparable review scheme displaces §1331 jurisdiction for claims concerning the FTC’s adjudications. So Axon had to raise its structural constitutional claims “during the administrative process and then renew them” if and when “seeking review in the Court of Appeals.” App. to Pet. for Cert. in No. 21–86, pp. 50–51.

On appeal from those decisions, the United States Courts of Appeals for the Fifth and Ninth Circuits split. The Ninth Circuit, considering Axon’s case, reached the same conclusion as the district courts. See 986 F. 3d 1173 (2021). Reviewing this Court’s precedents, the Ninth Circuit acknowledged that a statutory review scheme precluding district court jurisdiction—like the FTC Act’s—might not extend to every “type of claim[].” Id., at 1187 (citing Thunder Basin Coal Co. v. Reich, 510 U. S. 200, 212 (1994)). But the court decided that Axon’s constitutional challenges fell within the FTC Act’s scheme, mainly because the scheme guaranteed them “meaningful judicial review.” 986 F. 3d, at 1181, 1187. The en banc Fifth Circuit disagreed as to the equivalent SEC question. See 20 F. 4th 194 (2021). The court maintained that “Cochran’s removal power claim is not the type of claim Congress intended to funnel through the Exchange Act’s statutory-review scheme.” Id., at 206–207 (also citing Thunder Basin, 510 U. S., at 212). Drawing on considerations identified in this Court’s opinions, the Fifth Circuit reasoned that Cochran’s claim would not receive “meaningful judicial review” in a court of appeals; that the claim was “wholly collateral to the Exchange Act’s statutory-review scheme”; and that the claim fell “outside the SEC’s expertise.” 20 F. 4th, at 207–208.

We granted certiorari in both cases to resolve the division. 595 U. S. ___ (2022); 596 U. S. ___ (2022). We now conclude that the review schemes set out in the Exchange Act and the FTC Act do not displace district court jurisdiction over Axon’s and Cochran’s far-reaching constitutional