No. 22-543

Altagracia Sanchez, et al. v. District of Columbia Office of the State Superintendent of Education, et al.

Lower Court: District of Columbia
Docketed: 2022-12-14
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: administrative-agency administrative-law due-process economic-liberty individual-rights judicial-deference nondelegation-doctrine occupational-licensing regulatory-authority
Key Terms:
SocialSecurity DueProcess FifthAmendment
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Does the Due Process Clause require complete and total judicial deference to these regulations?

Question Presented (from Petition)

QUESTIONS PRESENTED A District of Columbia administrative agency promulgated regulations requiring day-care providers to obtain a college degree (on top of existing, extensive training requirements) to care for children ages zero to three. The agency imposed these regulations with no guidance from the legislature and no mechanism in place for review by a court. 1. Does the Due Process Clause require complete and total judicial deference to these regulations? 2. Does the nondelegation doctrine impose any limits on delegating to administrative agencies the power to enact such regulations?

Docket Entries

2023-01-09
Petition DENIED.
2023-01-04
2023-01-04
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-19
Waiver of right of respondents Office of the State Superintendent of Education, et al. to respond filed.
2022-12-12
Petition for a writ of certiorari filed. (Response due January 13, 2023)
2022-09-20
Application (22A240) granted by The Chief Justice extending the time to file until December 12, 2022.
2022-09-16
Application (22A240) to extend the time to file a petition for a writ of certiorari from November 10, 2022 to December 12, 2022, submitted to The Chief Justice.

Attorneys

Altagracia Sanchez, et al.
Renee Denise FlahertyInstitute for Justice, Petitioner
Renee Denise FlahertyInstitute for Justice, Petitioner
Office of the State Superintendent of Education, et al.
Graham Edward PhillipsOffice of the Attorney General for D.C., Respondent
Graham Edward PhillipsOffice of the Attorney General for D.C., Respondent
Pacific Legal Foundation
Lawrence G. SalzmanPacific Legal Foundation, Amicus
Lawrence G. SalzmanPacific Legal Foundation, Amicus
West Virginia and 7 Other States
Lindsay Sara SeeOffice of the West Virginia Attorney General, Amicus
Lindsay Sara SeeOffice of the West Virginia Attorney General, Amicus