Elon Musk appears to be preparing to argue for consideration in front of the US Supreme Court around his ongoing dispute over the SEC gag condition.
According to Reuters, Musk hopes to take his battle over free speech to Washington after the Tesla CEO lost his appeal in the 2nd Circuit. Musk is coming at the appeal by arguing that the Securities and Exchange Commission overstepped its authority by enforcing a consent decree as part of his 2018 settlement.
The consent decree was part of a settlement between the SEC, Musk and Tesla in 2018. The decree ensures that a Tesla lawyer must approve tweets that could affect the stock before publication.
The 2nd US Circuit of Appeals upheld the decree on appeal earlier this week. The three-judge panel rejected Musk’s claims and denied Musk’s ask that the panel or the thirteen active judges on the court revisit the case.
The chances of the US Supreme Court hearing the case are not good. The court generally hears around seventy cases per year of the over five thousand cases it reviews. Now, the fact that Musk is such a public figure may lead the court to consider it, but there is no guarantee.