To: hawkeye who wrote (3225 ) 11/12/1999 11:25:00 AM From: hawkeye Read Replies (1) | Respond to of 3679
hAWKEYE WAS JUST WONDERING WHETHER NOT THERE IS ANYBODY OUT THERE WHO WOULD LIKE TO READ WHAT MR. CHIEF JUSTICE REHNQUIST, CHIEF JUDGE OF THE UNITED STATES SUPREME COURT HAD TO SAY IN THE DEFINITIVE COURT OPINION ON THE PROPER SCOPE AND LIMITATIONS OF THE SECURITIES AND EXCHANGE COMMISION'S AUTHORITY TO TEMPORARILY SUSPEND THE TRADING OF STOCKS UNDER SECTION 12(k). JUST IN CASE YOU HAD BLINDERS ON AND MISSED IT, HERE IT IS AGAIN!!!!! !!!!!!!!!!!!!!!!!!!!HERE IS THE LAW !!!!!!!!!!!!!!!!!!!!!!! HERE ARE MORE TEACHINGS FROM MR. JUSTICE REHNQUIST !!!!!!! THERE IS NO HIGHER US LEGAL AUTHORITY ON THE FACE OF THE EARTH!!!!! HERE!!! HERE ARE THE WORDS!!! HERE IS THE LAW!!!!!!READ THEM !!!!!!!!THEY ARE FAIRLY CLEAR!!!!!!!!!!!MAKE YOUR OWN JUDGEMENTS "On its face and in the context of this statutory pattern, § 12(k)[10-day Temporary Suspension Authority] is more properly viewed as a device to allow the Commission to take emergency action for 10 days while it prepares to deploy its other remedies, such as a temporary restraining order, a preliminary or permanent injunction, or a suspension or revocation of the registration of a security." [The SEC] argues that injunctions and temporary restraining orders are insufficient because they take time and evidence to obtain ...It seems to us that Congress, in weighing the public interest against the burden imposed upon private parties, has concluded that 10 days is sufficient for gathering necessary evidence. The second of these alleged insufficiencies is likewise less than overwhelming. Even assuming that it is proper to suspend trading simply in order to enhance the information in the marketplace, there is nothing to indicate that the Commission cannot simply reveal to the investing public at the end of 10 days the reasons which it thought justified the initial summary suspension and then let the investors make their own judgments. Even assuming, however, that a totally satisfactory remedy -- at least from the Commission's viewpoint -- is not available in every instance in which the Commission would like such a remedy, we would not be inclined to read § 12(k) more broadly than its language and the statutory scheme reasonably permit. ... [The 10-day Temporary Suspension Authority] provides the Commission with a powerful weapon for dealing with certain problems. But its time limit is clearly and precisely defined. "ishius.com