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The Supreme Court declined to hear Elon Musk’s challenge to an SEC settlement term tied to his Tesla-related public communications. On April 29, 2024, it denied his petition for a writ of certiorari in Musk v. SEC, No. 23-626. That left the Second Circuit’s judgment in place; the Supreme Court did not issue a merits opinion or explain its decision.
What happened to Musk’s Supreme Court appeal?
The Supreme Court docket records the case’s procedural path: the Second Circuit entered judgment on May 15, 2023, and denied rehearing on July 24, 2023. Musk filed his petition asking the Supreme Court to review the case on December 7, 2023. The Court denied that petition on April 29, 2024. The Supreme Court docket identifies the Second Circuit as the lower court, and the Court’s order journal records the denial.
A denial of certiorari means the Supreme Court declined to take up the case. It did not affirm the lower court in a written merits opinion, and the denial itself does not establish why the justices chose not to hear it.
What was the case about?
The dispute traces back to the SEC’s 2018 enforcement action and settlement with Musk and Tesla. In its September 2018 announcement, the SEC said Musk’s August 7 tweet stated that he could take Tesla private at $420 per share and that funding had been secured. Those statements describe the agency’s account of the matter.
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The SEC said the settlement included financial penalties and governance changes. These included Musk stepping down as Tesla chairman and a requirement for Tesla’s board to oversee Musk’s communications with investors. Then-SEC Enforcement Division Co-Director Steven Peikin said the board would adopt reforms, “including an obligation to oversee Musk’s communications with investors.”
Why did Musk seek Supreme Court review?
Musk challenged the settlement’s advance-review requirement for certain Tesla-related public communications. In his petition, he argued that the condition operated as a sweeping prior restraint and that agreeing to a settlement should not prevent him from bringing an unconstitutional-conditions claim. Those were Musk’s arguments to the Court, not findings by the Supreme Court.
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Did the Supreme Court rule that Musk’s tweets were false?
No. The Supreme Court denied review without issuing a merits ruling on whether the 2018 tweets were false. Its action concerned whether to hear Musk’s challenge to the settlement condition, not a new decision about the truth of the tweets. The Court provided no explanation for the denial.
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