No. 18-7046

Tomas Liriano Castillo v. United States

Lower Court: Third Circuit
Docketed: 2018-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-procedures-act agency-regulations article-iii article-iii-courts article-iv congress due-process notice-and-comment possessions rule-making territories territories-and-possessions united-states-possessions united-states-territories
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Is Congress required to establish Article III courts in the United States Territories and Possessions?

Question Presented (from Petition)

QUESTIONS PRESENTED Over a half-century ago this Court mentioned, but did not decide, if the conditions in the United States Territories and Possessions had changed so as to require Congress to establish Article III courts in the respective territories. See Glidden Co. v. Zdanok, 370 U.S. 530, 547-48 & n. 19 (1962). And in Perez v. Mortg. Bankers Ass’n, 135 8S. Ct. 1199 (2015), this Court recently observed that: The [Administrative Procedures Act (‘APA”)] establishes the procedures federal administrative agencies use for “rule making,” defined as the process of “formulating, amending, or repealing a rule.” § 551(5). “Rule,” in turn, is defined broadly to include “statement [s] of general or particular applicability and future effect” that are designed to “implement, interpret, or prescribe law or policy.” § 551(4). 135 S. Ct. at 1203. The questions presented are: 1. Is Congress required to establish Article III courts in the United States Territories and Possessions? 2. Under the APA, and its definition of “rule making,” is there an exception for republication of an agency rule that is editorial in nature, or is the republication subject to the statutory notice-and-comment requirements? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2019-01-03
Waiver of right of respondent United States to respond filed.
2018-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)

Attorneys

Tomas Miguel Liriano Castillo
Joseph A. DiRuzzo IIIDiRuzzo & Company, Petitioner
Joseph A. DiRuzzo IIIDiRuzzo & Company, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent