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Protecting the Throne: The Third Circuit's Decision to Preserve Sovereign Immunity in Gentile v. SEC

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  • Brady, Ryan
  • Reid, John

Abstract

This Casebrief examines the Third Circuit’s decision in Gentile v. SEC and argues that, although the court correctly applied sovereign immunity doctrine, the case reveals the limited scope of judicial review available under the Administrative Procedure Act. By holding that SEC investigative decisions are protected as agency actions committed to agency discretion, the court barred Guy Gentile’s challenge to an ongoing SEC investigation. The Casebrief concludes that the decision highlights the substantial protection sovereign immunity affords federal agencies and the difficulty litigants face when seeking to challenge agency investigations. [This abstract was written by Microsoft Copilot, a generative artificial intelligence.]

Suggested Citation

  • Brady, Ryan & Reid, John, 2026. "Protecting the Throne: The Third Circuit's Decision to Preserve Sovereign Immunity in Gentile v. SEC," LawArchive hrgqm_v1, Center for Open Science.
    • Handle: RePEc:osf:lawarc:hrgqm_v1
    DOI: 10.31228/osf.io/hrgqm_v1
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