Decided

No. 19-422

Patrick J. Collins, et al. v. Janet L. Yellen, Secretary of the Treasury, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

JUDGMENT ISSUED.

Adjudged to be AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART, and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Kavanaugh, and Barrett, JJ., joined in full; in which Kagan and Breyer, JJ., joined as to all but Part III–B; in which Gorsuch, J., joined as to all but Part III–C; and in which Sotomayor, J., joined as to Parts I, II, and III–C. Thomas, J., filed a concurring opinion. Gorsuch, J., filed an opinion concurring in part. Kagan, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer and Sotomayor, JJ., joined as to Part II. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Breyer, J., joined. VIDED.

Letter in response of Patrick J. Collins, et al. filed. VIDED. (Distributed)

Letter of the federal parties notifying the Court of amendments to the Preferred Stock Purchase Agreements between Treasury and FHFA on behalf of Fannie Mae and Freddie Mac filed. VIDED. (Distributed)

Argued. For federal parties: Hashim M. Mooppan, Counselor to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: Aaron L. Nielson, Provo, Utah. For petitioners in 19-422 & respondents in 19-563: David H. Thompson, Washington, D. C. VIDED.

Reply of petitioners Patrick J. Collins, et al. filed. VIDED. (Distributed)

Motion of the Acting Solicitor General for enlargement of time for oral argument and for divided argument GRANTED, and the time is allotted as follows: 35 minutes for the Acting Solicitor General, 15 minutes for the Court-appointed amicus curiae, and 40 minutes for Patrick Collins, et al. VIDED.

Brief amicus curiae of Constitutional Accountability Center filed. VIDED (Distributed)

Brief amicus curiae of Jed H. Shugerman filed. VIDED. (Distributed)

Brief amicus curiae of Professor John Harrison filed. (Distributed)

Motion for enlargement of time for oral argument and for divided argument filed by the Acting Solicitor General. VIDED.

CIRCULATED

Reply and Response Brief for the Federal Parties filed. VIDED. (Distributed)

Brief of Court-appointed amicus curiae filed. VIDED

Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.

Record requested from the U.S.C.A. 5th Circuit.

Brief amicus curiae of New Civil Liberties Alliance filed.

Brief amici curiae of Bryndon Fisher, et al. in support of neither party filed.(in 19-563)

Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.

Brief amici curiae of Scholars filed. VIDED.

Brief amicus curiae of Thomas P. Vartanian filed. VIDED.

Brief amici curiae of Institutional Investors in Fannie Mae and Freddie Mac filed. VIDED.

Brief amicus curiae of Pacific Legal Foundation filed. VIDED.

Brief amicus curiae of Timothy Howard filed. VIDED.

Brief of Patrick J. Collins, et al. filed. VIDED.

SET FOR ARGUMENT on Wednesday, December 9, 2020. VIDED.

Blanket Consent filed by Petitioner, Patrick J. Collins, et al.

Blanket Consent filed by Mnuchin, Steven T., et al. VIDED.

Mnuchin, et al., shall file an opening brief on the questions presented by the petition in No. 19-563, limited to 13,000 words, by Monday, August 17, 2020. Collins, et al., shall file a consolidated response in No. 19-563 and opening brief in No. 19-422, limited to 20,000 words, by Wednesday, September 16, 2020. That brief shall bear a light red cover. The Court-appointed amicus curiae shall file a brief, limited to 13,000 words, by Friday, October 16, 2020. That brief shall bear a dark green cover. Mnuchin, et al., shall file a consolidated reply and response brief, limited to 13,000 words, by Friday, October 23, 2020. Collins, et al., shall file a consolidated reply and response brief to brief of Court-appointed amicus curiae, limited to 6,000 words, by Monday, November 23, 2020. That brief shall bear a tan cover. The brief of any amicus curiae in support of Collins, et al., or in support of neither set of parties, shall be filed by Wednesday, September 23, 2020. Those briefs shall bear a li...

Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.

Brief of Federal Parties filed. (in 19-563)

Aaron Nielson, Esquire, of Provo, Utah, is invited to brief and argue, as amicus curiae, in support of the position that the structure of the Federal Housing Finance Agency does not violate the separation of powers. VIDED.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-422. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-422. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for a writ of certiorari in No. 19-563 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 7/8/2020.

DISTRIBUTED for Conference of 7/1/2020.

DISTRIBUTED for Conference of 1/10/2020.

Reply of petitioners Patrick J. Collins, et al. filed.

Brief amicus curiae of Blackwells Capital LLC filed.

Brief of respondents Mnuchin, Steven T., et al. in opposition filed.

Petition for a writ of certiorari filed. (Response due October 30, 2019)

Parties

Patrick J. Collins, et al., Petitioner, represented by David H. Thompson

Patrick J. Collins, et al., Petitioner, represented by Charles Justin Cooper

Court-appointed amicus curiae, Respondent, represented by Aaron Lloyd Nielson

Janet L. Yellen, Secretary of the Treasury, et al., Respondent, represented by Elizabeth B. Prelogar

Amici Curiae

Americans for Prosperity Foundation, Amicus Curiae, represented by Cynthia Fleming Crawford

Blackwells Capital LLC, Amicus Curiae, represented by Jason Alan Levine

Bryndon Fisher, Bruce, Reid, and Erick Shipmon, Amicus Curiae, represented by Robert Carter Schubert

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Institutional Investors in Fannie Mae and Freddie Mac, Amicus Curiae, represented by Lawrence David Rosenberg

Jed H. Shugerman, Amicus Curiae, represented by Rachel F Homer

New Civil Liberties Alliance, Amicus Curiae, represented by Richard A. Samp

Pacific Legal Foundation, Amicus Curiae, represented by Jeffrey Wilson McCoy

Professor John Harrison, Amicus Curiae, represented by John Harrison

Scholars, Amicus Curiae, represented by Matthew P. Cavedon

Thomas P. Vartanian, Amicus Curiae, represented by Linda Ceilia Goldstein

Timothy Howard, Amicus Curiae, represented by Jason Alan Levine

 
Last updated: September 26, 2021