No. 21-339
Ali Hamza Suliman Al Bahlul v. United States
Tags: administrative-law agency-discretion agency-head appointments-clause binding-upon-all executive-power final-and-conclusive judicial-review principal-officer sole-discretion statutory-interpretation
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2021-12-03
Question Presented (AI Summary)
Is an agency head a principal officer under the Appointments Clause?
Question Presented (from Petition)
QUESTIONS PRESENTED 1. Is an agency head, who is statutorily given the “sole discretion and prerogative” to make “final and conclusive” decisions in adjudications that are casedispositive, unreviewable, and “binding upon all departments, courts, agencies, and officers of the United States,” a principal officer under the Appointments Clause? 2. When, if ever, may a statute be construed to implicitly establish an office that a Department Head may fill under the Excepting Clause?
Docket Entries
2021-12-06
Petition DENIED. Justice Gorsuch and Justice Kavanaugh took no part in the consideration or decision of this petition.
2021-11-23
Letter of November 19, 2021 received from counsel for the petitioner. (Distributed)
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-10
Reply of petitioner Ali Hamza Al Bahlul filed.
2021-11-03
Brief of respondent United States in opposition filed.
2021-10-01
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
2021-09-30
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
2021-08-24
Petition for a writ of certiorari filed. (Response due October 4, 2021)
Attorneys
Ali Hamza Al Bahlul
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent