No. 20-1662

William B. Trescott v. Federal Motor Carrier Safety Administration, et al.

Lower Court: Ninth Circuit
Docketed: 2021-05-28
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment administrative-law agency-deference agency-rulemaking chevron-deference due-process interstate-commerce professional-judgment
Key Terms:
AdministrativeLaw Arbitration SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is it Constitutional for a court to defer to a person lacking professional experience under Chevron-vs-NRDC-Inc

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is it Constitutional for a court to defer to a person lacking professional experience under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), or does the 14th Amendment require “that the courts make certain that professional judgment in fact was exercised” as this Court ruled in Youngberg v. Romeo, 457 U.S. 307 at 321 (1982)? 2. Can an agency rely solely on public comments to determine that a state health and safety law is an “unreasonable burden on interstate commerce” as the 9t Circuit ruled in Int? B’hood of Teamsters, Local 2785 v. Fed. Motor Carrier Safety Admin., 986 F.3d 841, 857 (9th Cir. 2021), or if it thinks that the health effects are not problematic, does the Due Process Clause require it to “say so in the rule and to explain why” as the DC Circuit ruled in Public Citizen v. FMCSA, 374 F.3d 1209, 1217 (D.C. Cir. 2004)? ,

Docket Entries

2021-10-04
Petition DENIED.
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-06-28
Waiver of right of respondent Federal Motor Carrier Safety Administration to respond filed.
2021-05-21
Petition for a writ of certiorari filed. (Response due June 28, 2021)

Attorneys

Federal Motor Carrier Safety Administration
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent
William B. Trescott
William B. Trescott — Petitioner
William B. Trescott — Petitioner