No. 20-7730

Fendi Brooks v. United States

Lower Court: Third Circuit
Docketed: 2021-04-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appointments-clause attorney-general constitutional-law constitutional-violation federal-vacancies-reform-act prejudice standing statutory-interpretation structural-violation
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2021-05-13
Question Presented (AI Summary)

When colorably alleging a structural, constitutional violation, specifically, that an individual illegally exercised the powers of the office of the Attorney General in violation of the Appointments Clause, must a litigant show that he/she was prejudiced by such illegally acting individual?

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case presents important questions of great constitutional magnitude regarding longstanding federal statutory law, to wit: 1. When colorably alleging a structural, constitutional violation, specifically, that an individual illegally exercised the powers of the office of the Attorney General in violation of the Appointments Clause, must a litigant show that he/she was prejudiced by such illegally acting individual? 2. When colorably alleging a that an individual illegally exercised the powers of the office of the Attorney General in violation of the statutory scheme prescribing the precise succession mechanisms, vwiz., the Federal Vacancies Reform Act, and the Attorney General Succession Act, must a litigant show that he/she was prejudiced by such illegally acting individual? i

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-20
Waiver of right of respondent United States to respond filed.
2021-04-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2021)

Attorneys

Fendi Brooks
Joseph A. DiRuzzo IIIDiRuzzo & Company, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent