No. 22-25
Roy Lynn McCutchen, et al. v. United States
Amici (2)
Experienced Counsel
Tags: agency-authority agency-rulemaking fifth-amendment government-power legislative-delegation legislative-rulemaking personal-property physical-taking property-rights redressability takings-clause
Key Terms:
AdministrativeLaw FifthAmendment Takings JusticiabilityDoctri
AdministrativeLaw FifthAmendment Takings JusticiabilityDoctri
Latest Conference:
2022-11-10
Question Presented (AI Summary)
Does a delegation of general legislative rulemaking authority to an agency constitute an inherent restraint on title to any personal property that could be subsequently subjected to a prospective legislative rule, rendering the physical taking of the property non-redressable?
Question Presented (OCR Extract)
QUESTIONS PRESENTED For purposes of the Fifth Amendment’s Taking Clause, does a delegation of general legislative rulemaking authority to an agency constitute an inherent restraint on title to any personal property that could be subsequently subjected to a prospective legislative rule, rendering the physical taking of the property non-redressable?
Docket Entries
2022-11-14
Petition DENIED.
2022-11-14
Petition DENIED
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-19
Reply of petitioners Roy Lynn McCutchen, et al. filed.
2022-10-11
Docket entry of 10/5/2022 showing this case distributed for the conference of 10/28/2022 removed from the docket. Action was entered in error. This case will be distributed for a future conference pursuant to Rule 15.5.
2022-10-07
Brief of respondent United States in opposition filed. (Distributed)
2022-08-08
Brief amici curiae of Montana and 16 other States filed.
2022-08-08
Brief amicus curiae of Maryland Shall Issue, Inc. filed.
2022-08-01
Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2022.
2022-07-28
Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
2022-07-21
Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022.
2022-07-20
Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
2022-07-11
Blanket Consent filed by Petitioner, Roy Lynn McCutchen, et al.
2022-07-05
Petition for a writ of certiorari filed. (Response due August 8, 2022)
2022-04-12
Application (21A586) granted by The Chief Justice extending the time to file until July 2, 2022.
2022-04-07
Application (21A585) granted by The Chief Justice extending the time to file until July 2, 2022.
2022-04-04
Application (21A585) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.
2022-04-04
Application (21A586) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.
Attorneys
Maryland Shall Issue, Inc.
Roy Lynn McCutchen, et al.
Patrick Strawbridge — Consovoy McCarthy PLLC, Petitioner
Patrick Strawbridge — Consovoy McCarthy PLLC, Petitioner
State of Montana and 16 other States
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent