Let's count the ways this is stupid:

1) Preventing jackasses from committing fraud against their investors isn't a free speech issue.

2) If I understand correctly, consent decrees are agreed to by both parties. So, he's suing them for something he agreed to?

3) Suing the SEC and taking it straight to SCOTUS is an incredibly poor choice for someone who is currently being widely and justly criticized for losing touch with reality due to the insulatory nature of his obscene wealth.