Argued

No. 22-451

Loper Bright Enterprises, et al. v. Gina Raimondo, Secretary of Commerce, et al.

from the United States Court of Appeals for the District of Columbia Circuit

See other cases from the District of Columbia Circuit.

Docket Entries

Argued. For petitioners: Paul D. Clement, Alexandria, Va. For respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.

CIRCULATED

Record received from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk. The remainder of the record is available on PACER.

Record requested from the United States Court of Appeals for the District of Columbia Circuit.

SET FOR ARGUMENT on Wednesday, January 17, 2024.

Amicus curiae briefs filed on the merits in this case will also be considered in connection with No. 22-1219, Relentless, Inc., et al. v. Dept. of Commerce, et al.

Reply of petitioners Loper Bright Enterprises, et al. filed.

This case is to be argued in tandem with No. 22-1219, Relentless, Inc., et al. v. Dept. of Commerce, et al. in the January 2024 argument session (see order of today in No. 22-1219.)

Brief amici curiae of American Cancer Society, et al. filed.

Brief amici curiae of Conservation Law Foundation, et al. filed.

Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law filed.

Brief amici curiae of Administrative and Federal Regulatory Law Professors filed.

Brief amicus curiae of Natural Resources Defense Council filed.

Brief amici curiae of Scholars of Administrative Law and the Administrative Procedure Act filed.

Brief amicus curiae of Public Citizen filed.

Brief amicus curiae of Environmental Defense Fund filed.

Brief amici curiae of American Association for the Advancement of Science, et al. filed.

Brief amici curiae of Small Business Associations filed.

Brief amici curiae of The District of Columbia, et al. filed.

Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations (Oct. 2, 2023) filed.

Brief amici curiae of U.S. Senators Sheldon Whitehouse, et al. filed.

Brief of respondents Raimondo, Gina, et al. filed.

Brief amicus curiae of Professor Aditya Bamzai filed.

Brief amici curiae of State of West Virginia and 26 Other States filed.

Brief amicus curiae of The Little Sisters of the Poor Saints Peter and Paul Home filed.

Brief amici curiae of U.S. Senator Ted Cruz, Congressman Mike Johnson, and 34 Other Members of Congress filed.

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Brief amicus curiae of U.S. House of Representatives filed.

Brief amicus curiae of National Taxpayers Union Foundation filed.

Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.

Brief amicus curiae of America First Policy Institute filed.

Brief amici curiae of David Goethel and John Haran filed.

Brief amicus curiae of Christian Employers Alliance filed.

Brief amicus curiae of Third Party Payment Processors Association filed.

Amicus brief of Relentless, Inc., Huntress Inc., SeaFreeze Fleet LLC not accepted for filing. (September 20, 2023)

Brief amici curiae of Gun Owners of America, Inc., et al. filed.

Brief amici curiae of Coalition for a Democratic Workplace, et al. filed supporting neither party.

Amicus brief of Competitive Enterprise Institute and Manhattan Institute not accepted for filing. (July 24, 2023--electronically submitted on behalf of incorrect entity.)

Brief amici curiae of Independent Women's Law Center and Washington Legal Foundation filed.

Brief amici curiae of Buckeye Institute and National Federation of Independent Business Small Business Legal Center, Inc. filed.

Brief amici curiae of Advancing American Freedom, et al. filed.

Brief amicus curiae of National Sports Shooting Foundation, Inc. filed.

Brief amicus curiae of American Free Enterprise Chamber of Commerce filed.

Brief amicus curiae of Ohio Chamber of Commerce filed.

Brief amici curiae of Southeastern Legal Foundation, et al. filed.

Brief amicus curiae of American Cornerstone Institute filed.

Brief amicus curiae of Competitive Enterprise Institute filed.

Brief amici curiae of Eight National Business Organizations filed.

Brief amicus curiae of Governor Brian P. Kemp filed.

Brief amicus curiae of New Civil Liberties Alliance filed.

Brief amicus curiae of Advance Colorado Institute filed.

Brief amicus curiae of Strive Asset Management filed.

Brief amici curiae of Professors Kent Barnett and Christopher J. Walker in support on neither party filed.

Brief amici curiae of FPC Action Foundation and Firearms Policy Coalition filed.

Brief amici curiae of Electronic Nicotine Delivery System Industry Stakeholders filed.

Brief amicus curiae of The Foundation for Government Accountability filed.

Brief amici curiae of Cato Institute, et al. filed.

Brief amicus curiae of Landmark Legal Foundation filed.

Brief amicus curiae of Professor Thomas W. Merrill in support of neither party filed.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief amicus curiae of Mountain States Legal Foundation filed.

Brief amicus curiae of Liberty Justice Center filed.

Brief amicus curiae of New England Legal Foundation filed.

Brief amicus curiae of American Center for Law and Justice filed.

Brief amicus curiae of TechFreedom filed.

Brief amici curiae of Manhattan Institute, et al. filed.

Brief amici curiae of PTAAAARMIGAN LLC, et al. in support of neither party filed.

Brief amicus curiae of America First Legal Foundation filed.

Brief amicus curiae of Goldwater Institute filed.

Brief amicus curiae of Lonang Institute filed.

Brief of petitioners Loper Bright Enterprises, et al. filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of DRI Center for Law and Public Policy filed.

Brief amicus curiae of Atlantic Legal Foundation filed.

Motion to further extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is further extended to and including July 17, 2022. The time to file respondents' brief on the merits is further extended to and including September 15, 2023.

Motion for a further extension of time to file the briefs on the merits filed.

Motion to dispense with printing the joint appendix filed by petitioners GRANTED. Justice Jackson took no part in the consideration or decision of this motion.

Motion to dispense with printing the joint appendix filed by petitioners Loper Bright Enterprises, et al.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 10, 2023. The time to file respondents' brief on the merits is extended to and including August 30, 2023.

Motion for an extension of time to file the briefs on the merits filed.

Motion for leave to file amicus brief filed by Advancing American Freedom GRANTED. Justice Jackson took no part in the consideration or decision of this motion.

Petition GRANTED limited to Question 2 presented by the petition. Justice Jackson took no part in the consideration or decision of this petition.

Motion for leave to file amici brief filed by David Goethel, et al. GRANTED. Justice Jackson took no part in the consideration or decision of this motion.

Motion for leave to file amici brief filed by Relentless, Inc., et al. GRANTED. Justice Jackson took no part in the consideration or decision of this motion.

Motion for leave to file amicus brief filed by Christian Employers Alliance GRANTED. Justice Jackson took no part in the consideration or decision of this motion.

Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence GRANTED. Justice Jackson took no part in the consideration or decision of this motion.

Motion for leave to file amicus brief filed by Pacific Legal Foundation GRANTED. Justice Jackson took no part in the consideration or decision of this motion.

DISTRIBUTED for Conference of 4/14/2023.

DISTRIBUTED for Conference of 3/31/2023.

Reply of petitioners Loper Bright Enterprises, et al. filed. (Distributed)

Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2023.

Motion to extend the time to file a response from January 17, 2023 to February 16, 2023, submitted to The Clerk.

Brief amicus curiae of Southeastern Legal Foundation filed.

Brief amicus curiae of Independent Women's Law Center filed.

Motion for leave to file amici brief filed by Advancing American Freedom, et al.(12/19/2022)

Motion for leave to file amici brief filed by David Goethel, et al.

Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.

Motion for leave to file amicus brief filed by Christian Employers Alliance.

Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023.

Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence.

Motion to extend the time to file a response from December 15, 2022 to January 17, 2023, submitted to The Clerk.

Motion for leave to file amicus brief filed by Pacific Legal Foundation.

Brief amici curiae of Competitive Enterprise Institute, et al. filed.

Brief amici curiae of Cato Institute, et al. filed.

Brief amicus curiae of New England Legal Foundation filed.

Blanket Consent filed by Petitioner, Loper Bright Enterprises, et al.

Petition for a writ of certiorari filed. (Response due December 15, 2022)

Parties

Loper Bright Enterprises, et al., Petitioner, represented by Paul D. Clement

Amici Curiae

Aditya Bamzai, Amicus Curiae, represented by Aditya Bamzai

Administrative and Federal Regulatory Law Professors, Amicus Curiae, represented by Daniel Martin Sullivan

Advance Colorado Institute, Amicus Curiae, represented by Kristine Lee Brown

Advancing American Freedom, Amicus Curiae, represented by John Marc Wheat

America First Legal Foundation, Amicus Curiae, represented by Christopher E. Mills

America First Policy Institute, Amicus Curiae, represented by Matthew John Conigliaro

American Cancer Society, et al., Amicus Curiae, represented by Scott P. Lewis

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

American Cornerstone Institute, Amicus Curiae, represented by Edward Mark Wenger

American Federation of Labor & Congress of Industrial Organizations, Amicus Curiae, represented by Andrew Lyubarsky

American Free Enterprise Chamber of Commerce, Amicus Curiae, represented by Steven Andrew Engel

Atlantic Legal Foundation, Amicus Curiae, represented by Lawrence S. Ebner

Buckeye Institute and National Federation of Independent Business Small Business Legal Center, Inc., Amicus Curiae, represented by David Christian Tryon

Cato Institute, Amicus Curiae, represented by Anastasia Paulinna Boden

Cato Institute, Amicus Curiae, represented by Clark M. Neily III

Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Helgi C. Walker

Christian Employers Alliance, Amicus Curiae, represented by Matthew S. Bowman

Coalition For A Democratic Workplace et al., Amicus Curiae, represented by Elbert Lin

Competitive Enterprise Institute, Amicus Curiae, represented by Charles Devin Watkins

Competitive Enterprise Institute and Manhattan Institute, Amicus Curiae, represented by Charles Devin Watkins

Conservation Law Foundation, Ocean Conservancy, and Save the Sound, Amicus Curiae, represented by Kirti Datla

David Goethel and John Haran, Amicus Curiae, represented by Andrew Michael Grossman

DRI Center for Law and Public Policy, Amicus Curiae, represented by Melinda S. Kollross

Eight National Business Organizations, Amicus Curiae, represented by Timothy S. Bishop

Electronic Nicotine Delivery System Industry Stakeholders, Amicus Curiae, represented by J. Gregory Troutman

Electronic Nicotine Delivery System Industry Stakeholders, Amicus Curiae, represented by Eric Philip Gotting

Environmental Defense Fund, Amicus Curiae, represented by Sean Hoe Donahue

FPC Action Foundation and Firearms Policy Coalition, Amicus Curiae, represented by Joseph Gary Samuel Greenlee

Goldwater Institute, Amicus Curiae, represented by Timothy Mason Sandefur

Governor Brian P. Kemp, Amicus Curiae, represented by David Blanton Dove

Gun Owners of America, Inc., et al., Amicus Curiae, represented by William Jeffrey Olson

Independent Women's Law Center; Washington Legal Foundation, Amicus Curiae, represented by Gene Clayton Schaerr

Landmark Legal Foundation, Amicus Curiae, represented by Michael James O'Neill

Lawyers’ Committee for Civil Rights Under Law, Amicus Curiae, represented by James Patrick McLoughlin Jr.

Liberty Justice Center, Amicus Curiae, represented by Loren Ariela Seehase

Lonang Institute, Amicus Curiae, represented by Kerry Lee Morgan

Manhattan Institute, Amicus Curiae, represented by Ilya Shapiro

Mountain States Legal Foundation, Amicus Curiae, represented by Ivan Laurence London

National Right to Work Legal Defense Foundation, Inc., Amicus Curiae, represented by William James Young

National Sports Shooting Foundation, Inc., Amicus Curiae, represented by H. Christopher Bartolomucci

National Taxpayers Union Foundation, Amicus Curiae, represented by Joseph Darcy Henchman

Natural Resources Defense Council, Amicus Curiae, represented by Ian Michael Fein

New Civil Liberties Alliance, Amicus Curiae, represented by John Julian Vecchione

New England Legal Foundation, Amicus Curiae, represented by Benjamin G. Robbins

Ohio Chamber of Commerce, Amicus Curiae, represented by Larry James Obhof Jr.

Pacific Legal Foundation, Amicus Curiae, represented by Aditya Dynar

Professors Kent Barnett and Christopher J. Walker, Amicus Curiae, represented by Christopher Jay Walker

Professor Thomas W. Merrill, Amicus Curiae, represented by Joseph Dinneen Kearney

PTAAAARMIGAN LLC, et al., Amicus Curiae, represented by David Eric Boundy

Public Citizen, Amicus Curiae, represented by Scott Lawrence Nelson

Relentless, Inc., Huntress Inc., SeaFreeze Fleet LLC, Amicus Curiae, represented by John Julian Vecchione

Scholars of Administrative Law and the Administrative Procedure Act, Amicus Curiae, represented by Brianne Jenna Gorod

Small Business Associations, Amicus Curiae, represented by Jeffrey Benjamin Dubner

Southeastern Legal Foundation, Amicus Curiae, represented by Thomas Ryan McCarthy

State of West Virginia and 17 Other States, Amicus Curiae, represented by Lindsay Sara See

State of West Virginia and 26 Other States, Amicus Curiae, represented by Lindsay Sara See

Strive Asset Management, Amicus Curiae, represented by Jonathan Andrew Berry

TechFreedom, Amicus Curiae, represented by Corbin Knight Barthold

THE AMERICAN ASSOCIATION FOR THE ADVANCEMENT OF SCIENCE, THE AMERICAN SOCIETY FOR PHARMACOLOGY AND EXPERIMENTAL THERAPEUTICS, AND THE ECOLOGICAL SOCIETY OF AMERICA, Amicus Curiae, represented by Dorothy Alicia Hickok

The American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Harold Craig Becker

The American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Matthew James Ginsburg

The Buckeye Institute and National Federation of Independent Business, Amicus Curiae, represented by John Joseph Park Jr.

The District of Columbia et al., Amicus Curiae, represented by Caroline Sage Van Zile

The Foundation for Government Accountability, Amicus Curiae, represented by Stewart Lee Whitson

The Little Sisters of the Poor Saints Peter and Paul Home, Amicus Curiae, represented by Eric Christopher Rassbach

Third Party Payment Processors Association, Amicus Curiae, represented by Misha Tseytlin

U.S. House of Representatives, Amicus Curiae, represented by Matthew B. Berry

U.S. SENATORS SHELDON WHITEHOUSE, MAZIE HIRONO, DIANE FEINSTEIN, AND ELIZABETH WARREN IN SUPPORT OF RESPONDENTS, Amicus Curiae, represented by Erwin Chemerinsky

U.S. Senator Ted Cruz, Congressman Mike Johnson, and 34 Other Members of Congress, Amicus Curiae, represented by R. Trent McCotter

Washington Legal Foundation, Amicus Curiae, represented by Kathryn Elizabeth Tarbert

Washington Legal Foundation and Independent Women's Law Center, Amicus Curiae, represented by Kathryn Elizabeth Tarbert

 
Last updated: April 23, 2024