No. 22-714
Harry C. Calcutt, III v. Federal Deposit Insurance Corporation
Amici (6)Relisted (2)
Tags: administrative-law agency-deference agency-review circuit-split civil-procedure due-process judicial-remand remand removal-restrictions standard-of-review statutory-interpretation
Latest Conference:
2023-05-18
(distributed 2 times)
Question Presented (from Petition)
1. Whether SEC v. Chenery Corp., 318 U.S. 80 (1943)
and its progeny required the Sixth Circuit to remand the
case to the agency after determining that the agency had
applied the wrong legal standards.
2. Whether Collins v. Yellen, 141 S. Ct. 1761 (2021)
requires separation-of-powers challengers to offer concrete proof of prejudice as a prerequisite to courts resolving separation-of-powers challenges to removal restrictions on the merits.
Question Presented (AI Summary)
Whether SEC v. Chenery Corp. and its progeny required the Sixth Circuit to remand the case to the agency after determining that the agency had applied the wrong legal standards
Docket Entries
2023-06-23
Judgment issued.
2023-05-22
2023-05-15
DISTRIBUTED for Conference of 5/18/2023.
2023-04-19
Reply of petitioner Harry C. Calcutt filed. (Distributed)
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-03
Brief for the respondent Federal Deposit Insurance Corporation filed.
2023-03-03
Brief amicus curiae of The American Association of Bank Directors filed.
2023-03-03
Brief amicus curiae of New Civil Liberties Alliance filed.
2023-03-03
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2023-03-02
Brief amicus curiae of Separation of Powers Clinic filed.
2023-03-01
Brief amicus curiae of Washington Legal Foundation filed.
2023-02-24
Brief amicus curiae of Americans for Prosperity Foundation filed.
2023-02-21
Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2023.
2023-02-17
Motion to extend the time to file a response from March 3, 2023 to April 3, 2023, submitted to The Clerk.
2023-01-30
Petition for a writ of certiorari filed. (Response due March 3, 2023)
2022-10-21
Application (22A330) granted by Justice Kavanaugh extending the time to file until January 30, 2023.
2022-10-17
Application (22A330) to extend the time to file a petition for a writ of certiorari from December 14, 2022 to January 30, 2023, submitted to Justice Kavanaugh.
Attorneys
Americans for Prosperity Foundation
Federal Deposit Insurance Corporation
Elizabeth B. Prelogar — Solicitor General, Respondent
Harry C. Calcutt
Sarah Michelle Harris III — Williams & Connolly LLP, Petitioner
New Civil Liberties Alliance
Separation of Powers Clinic
The American Association of Bank Directors
Thomas Michael Johnson Jr. — Wiley Rein LLP, Amicus
The Chamber of Commerce of the United States of America
Andrew John Pincus — Mayer Brown LLP, Amicus
Washington Legal Foundation