No. 21-6266

Mary Aragon, aka Mary Delgado, and German Ramirez-Gonzalez v. United States

Lower Court: Ninth Circuit
Docketed: 2021-11-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acting-attorney-general appointments-clause constitutional-law due-process executive-branch principal-officer senate-confirmation united-states-attorney
Latest Conference: 2021-12-10
Question Presented (from Petition)

Did the Ninth Circuit's disposition of Petitioners' claim under Article II's Appointments Clause — namely, that Whitaker's unconstitutional appointment tainted the government's having secured the third superseding indictment in Petitioners' underlying case — contravene Eaton's longstanding rule, particularly considering that the government has never represented that Whitaker did not directly or indirectly impact the United States Attorney's Office for the Southern District of California's decision to seek that indictment in November 2018?

Question Presented (AI Summary)

Did the Ninth Circuit's disposition of Petitioners' claim under Article II's Appointments Clause contravene Eaton's longstanding rule?

Docket Entries

2021-12-13
Petition DENIED.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-19
Waiver of right of respondent United States to respond filed.
2021-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2021)

Attorneys

Mary Aragon, et al.
David Andrew SchlesingerJacobs & Schlesinger LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent