delegation-of-authority

20 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7817 Fernando Angel Puga v. United States Fifth Circuit 2024-06-28 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process judicial-authority judicial-delegation probation-officer sentencing-guidelines standard-conditions supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
23-819 Allstates Refractory Contractors, LLC v. Julie A. Su, Acting Secretary of Labor, et al. Sixth Circuit 2024-01-30 Denied Amici (8)Relisted (5) administrative-law article-i commerce-clause constitutional-limits delegation-of-authority delegation-of-power major-questions-doctrine osha statutory-interpretation workplace-safety Whether Congress's delegation of authority to write 'reasonably necessary or appropriate' workplace-safety standards violates Article I of the U.S. Co…
23-5940 John Paul Lopez v. United States Fifth Circuit 2023-11-02 Denied Response WaivedRelisted (2)IFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
23-5773 Adrian De La Torre v. United States Fifth Circuit 2023-10-12 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
23-5503 Roman Alvarado, Jr. v. United States Fifth Circuit 2023-08-31 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
22-7526 Charles Edward Krupalla v. United States Fifth Circuit 2023-05-11 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing-guidelines judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
21-1592 Shapour Motamedi, Shayan Motamedi, and Heriberto Moises Lopez v. United States Ninth Circuit 2022-06-27 Denied Response Waived administrative-law article-i constitutional-interpretation criminal-law criminal-rulemaking delegation-of-authority delegation-of-power due-process health-and-human-services legislative-authority rulemaking-authority separation-of-powers Whether Congress violated Article I, § 1 by improperly vesting the Department of Health and Human Services with discretion to determine criminalized a…
21-8181 Joshua Hayes v. United States Eleventh Circuit 2022-06-17 Denied Response WaivedIFP constitutional-vagueness delegation-of-authority due-process judicial-delegation probation-conditions probation-officer sentencing-guidelines supervised-release vagueness Whether the imposition of Standard Condition (12), U.S.S.G. § 5D1.3(c)(12), violates a defendant's right to Due Process because the condition unconsti…
21-7327 Tina Carol Ortega v. United States Fifth Circuit 2022-03-09 Denied Response WaivedIFP criminal-procedure delegation-of-authority district-court due-process judicial-discretion plain-error probation probation-officer sentencing separation-of-powers Did the district court plainly err when it delegated to a probation officer the authority to determine the duration of a residential treatment program…
21-6809 Edward Shane West-El v. Midland Funding LLC Eleventh Circuit 2022-01-11 Dismissed IFP access-to-courts civil-procedure constitutional-rights delegation-of-authority due-process federal-jurisdiction judicial-procedure judicial-review right-to-be-heard standing Whether the petitioner was denied the right to be heard in the lower tribunal federal courts
21-6569 Jonathan Hilliam McDougal v. United States Fifth Circuit 2021-12-09 Denied Response WaivedIFP alcohol-treatment criminal-sentencing delegation-of-authority drug-treatment due-process judicial-discretion probation-terms sentencing sentencing-conditions supervised-release Whether the district court erred by ordering Mr. McDougal to undergo alcohol and drug treatment as a special condition of supervised release
21-747 Power Home Solar, LLC v. James Rickenbaugh, et al. North Carolina 2021-11-22 Dismissed Response Requested arbitrability bilateral-arbitration class-arbitration clear-and-unmistakable-evidence delegation-of-authority federal-arbitration-act Whether the incorporation of AAA rules into an arbitration agreement constitutes clear and unmistakable evidence that the parties agreed to have an ar…
21-584 Agendia, Inc. v. Xavier Becerra, Secretary of Health and Human Services Ninth Circuit 2021-10-21 Denied administrative-law administrative-procedure delegation-of-authority local-coverage-determination medicare-act medicare-administrative-contractor medicare-coverage-policy medicare-policy rulemaking-requirements statutory-interpretation Whether the rulemaking requirements of 42 U.S.C. § 1395hh(a)(2) apply to a Medicare policy deeming all molecular diagnostic laboratory tests 'investig…
21-68 Brendon Janis v. United States Eighth Circuit 2021-07-19 Denied constitutional-delegation delegation-of-authority due-process probation-officer risk-notification sentencing-guidelines supervised-release vagueness vagueness-doctrine Does Standard Condition 12 unconstitutionally delegate authority to the probation officer?
20-1413 Debra M. Brown v. Federal National Mortgage Association Massachusetts 2021-04-09 Denied Response Waived constitutional-constraints delegation-of-authority due-process equal-protection foreclosure housing-court land-court mortgage-backed-securities servicer-responsibilities state-action takings Whether the U.S. Government and/or state government can take private citizens' property without due process of law constituting a violation of the Fif…
20-7483 Luis Andres Medel-Guadalupe v. United States Fifth Circuit 2021-03-17 Denied Response WaivedIFP article-iii delegation-of-authority inpatient-treatment outpatient-treatment probation-officer supervised-release Does a district court's delegation of authority to a probation officer to determine whether a person on supervised release undergoes inpatient treatme…
19-1115 American Bankers Association v. National Credit Union Administration District of Columbia 2020-03-11 Denied Amici (4) administrative-law agency-authority agency-discretion chevron-deference delegation-of-authority local-community regulatory-definition separation-of-powers statutory-interpretation When a statute expressly directs an agency to define a statutory term, does the delegation expand the scope of the agency's authority at Chevron step …
19-728 Brian Davison v. Facebook, Inc., et al. Fourth Circuit 2019-12-09 Denied Response Waived censorship civil-rights delegation-of-authority due-process first-amendment free-speech government-delegation private-forum public-forum standing standing-to-sue Whether a person has standing to sue the government for a delegation of censorship authority to a private party when his speech on a topic of public i…
19-6253 Adam Strege v. United States First Circuit 2019-10-11 Denied Response WaivedIFP civil-rights constitutional-challenge criminal-procedure delegation-of-authority due-process judicial-discretion law-enforcement-discretion mental-competence mental-disease mental-health reasonable-cause sentencing standing vagueness vagueness-doctrine Whether 18 USCS 4246, 4248, 4241(d) are unconstitutionally vague for failing to define 'mental disease' and 'reasonable cause'
18-83 Stephen Busch, et al. v. Tamara Nappier, et al. Sixth Circuit 2018-07-17 Denied circuit-split delegation-of-authority doubts-against-removal doubts-in-favor-of-federal-jurisdiction facial-challenge federal-jurisdiction federal-officer-removal removal-notice Whether a court resolves all doubts against removal and in favor of remand, or accepts the removal notice's allegations as true and resolves all doubt…