The U.S. Court of Appeals for the Fifth Circuit has agreed to an en banc rehearing of NCLA’s National Center for Public Policy Research v. SEC lawsuit challenging “Board Diversity Rules” that SEC promulgated without statutory authority. These rules impose race, gender, and sexual orientation quotas on corporate board membership for companies listed on the Nasdaq stock exchange, along with compelling corporate speech to explain any quota missed.

Mark is joined by Senior Litigation Counsel Peggy Little to discuss National Center for Public Policy Research v. SEC and the upcoming argument in which NCLA will urge the Fifth Circuit to set these unlawful rules aside.

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