executive-power

56 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6255 Aaron J. Thorpe v. United States District of Columbia 2025-11-26 Denied Response WaivedIFP article-ii criminal-procedure executive-power final-conviction prosecutorial-discretion separation-of-powers In our constitutional system of separated powers, Article II vests the Executive Branch with the plenary authority to initiate and terminate criminal …
25A451 Anthony Boyd v. Kay Ivey, Governor of Alabama Eleventh Circuit 2025-10-21 Denied constitutional-violation due-process execution-date executive-power judicial-function separation-of-powers Whether the separation of powers and due process are violated when a state executive officer, who also holds exclusive clemency power, is authorized t…
25A443 Donald J. Trump, President of the United States, et al. v. Illinois, et al. Seventh Circuit 2025-10-17 Application Amici (23) executive-power federal-law-enforcement immigration-enforcement national-guard presidential-authority state-preemption Whether the President has the unilateral constitutional authority to deploy the National Guard to protect federal personnel during civil unrest withou…
25A264 Donald J. Trump, President of the United States, et al. v. Rebecca Kelly Slaughter, et al. District of Columbia 2025-09-04 Presumed Complete Amici (4) administrative-agency article-ii executive-power federal-trade-commission presidential-removal separation-of-powers Whether the President possesses the constitutional authority to remove a Federal Trade Commission commissioner at will without cause, notwithstanding …
25A227 Donald J. Trump, President of the United States, et al. v. Global Health Council, et al. District of Columbia 2025-08-27 Presumed Complete administrative-procedure-act executive-power impoundment separation-of-powers statutory-interpretation ultra-vires Whether the Administrative Procedure Act permits non-governmental organizations to challenge executive branch policy decisions through ultra vires cla…
24-1287 Learning Resources, Inc., et al. v. Donald J. Trump, President of the United States, et al. District of Columbia 2025-06-17 Pending Amici (12)Relisted (2) congressional-authority economic-regulation executive-power international-emergency-economic-powers-act tariff-policy trade-law Whether IEEPA authorizes the President to impose tariffs
24A1203 Linda McMahon, Secretary of Education, et al. v. New York, et al. First Circuit 2025-06-06 Presumed Complete Amici (1) administrative-law article-iii executive-power reduction-in-force separation-of-powers subject-matter-jurisdiction Whether the district court exceeded its Article III jurisdiction by enjoining the Executive Branch's internal workforce management decisions at the De…
24A910 Department of Education, et al. v. California, et al. First Circuit 2025-03-26 Presumed Complete Amici (1) administrative-discretion district-court-jurisdiction executive-power federal-grants judicial-review separation-of-powers Whether a federal district court exceeds its jurisdictional authority by compelling the Executive Branch to reinstate and fund federal grants that hav…
24A738 Turkiye Halk Bankasi A.S. aka Halkbank v. United States Second Circuit 2025-01-27 Presumed Complete criminal-prosecution executive-power foreign-sovereign-instrumentality international-law separation-of-powers sovereign-immunity Whether a foreign state-owned bank can be criminally prosecuted in U.S. courts despite claims of sovereign immunity under international and common law
24A666 Donald J. Trump v. New York, et al. New York 2025-01-08 Presumed Complete Amici (2) criminal-prosecution executive-power presidential-immunity state-court transition-period trump-v-united-states Whether a sitting or president-elect enjoys absolute criminal immunity from state court prosecution during the transition period between election and …
24-232 Duke Bradford, et al. v. Department of Labor, et al. Tenth Circuit 2024-08-30 Denied Amici (2) administrative-law constitutional-delegation executive-power federal-contractors minimum-wage procurement-act Whether the Procurement Act authorizes the President to require federal permittees to pay their employees a minimum wage and whether such delegation v…
24-5215 Patrick Wayne Baker v. Texas Texas 2024-08-02 Denied IFP constitutional-law due-process executive-power judicial-branch judicial-power legislative-authority separation-of-powers statutory-interpretation texas-government unconstitutional Whether Tex. Gov't Code 508.283(b)(c) violates due process and should be declared unconstitutional?
24A11 Alaska, et al. v. Department of Education, et al. Tenth Circuit 2024-07-09 Presumed Complete Amici (4) administrative-law executive-power heroes-act major-questions-doctrine statutory-interpretation student-loan-forgiveness Whether the Secretary of Education exceeded statutory authority under the HEROES Act in implementing a broad student loan debt cancellation program wi…
23-1323 Consumers' Research, et al. v. Consumer Product Safety Commission Fifth Circuit 2024-06-18 Denied Amici (11)Relisted (3) administrative-agencies administrative-law agency-structure article-ii civil-procedure constitutional-law executive-power executive-removal humphreys-executor presidential-authority separation-of-powers Whether the for-cause restriction on the President's authority to remove Commissioners of the Consumer Product Safety Commission violates the separati…
23-7318 Michael P. Crenshaw v. Illinois Illinois 2024-04-26 Denied IFP civil-rights constitutional-interpretation cruel-and-unusual-punishment death-penalty due-process equal-protection executive-power individual-rights intellectual-disability judicial-review separation-of-powers state-sovereignty Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at th…
23-6247 In Re Tonya Knowles 2023-12-13 Denied Relisted (2)IFP ai-governance civil-rights constitutional-transfer due-process executive-order executive-power impeachment presidential-election presidential-power separation-of-powers transfer-of-power white-house-authority Can a peaceful transfer of power occur if a White House subordinate employee, Donald Trump, transfers power to Artificial Intelligence via an Executiv…
23-6246 In Re Tonya Knowles 2023-12-13 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-interpretation due-process executive-power impeachment impeachment-power presidential-election presidential-transition separation-of-powers Can a Peaceful transfer of power occur if a White House subordinate transfers Power to Artificial Intelligence via an Executive Order?
23-5211 Andrew Cook v. Robert Martin, Warden, et al. Second Circuit 2023-07-26 Denied Response WaivedIFP abstention amendment-protections civil-rights constitutional-rights criminal-procedure due-process executive-power executive-powers general-warrants judicial-abstention younger-doctrine Whether there are issues of Constitutional importance regarding the 4th, 6th, 8th and 14th Amendments
23-69 PrimeSource Building Products, Inc. v. United States, et al. Federal Circuit 2023-07-25 Denied executive-power judicial-review legislative-power separation-of-powers standard-of-review statutory-delegation tariff-regulation trade-expansion-act Whether separation of powers principles require courts to resolve ambiguity in statutory limits on delegations of legislative power to the Executive
23-5086 Betsy Sachs v. Financial Industry Regulatory Authority First Circuit 2023-07-12 Denied Response WaivedRelisted (2)IFP administrative-law civil-rights constitutional-constraints due-process executive-power finra-immunity non-delegation-doctrine private-delegation quasi-governmental quasi-governmental-entity securities-regulation Does FINRA have immunity?
23-22 Save Jobs USA v. Department of Homeland Security, et al. District of Columbia 2023-07-06 Denied administrative-law agency-authority department-of-homeland-security employment-authorization executive-power immigration-law major-questions-doctrine nonimmigrant-visas statutory-interpretation Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien is a…
22-1186 Citizens for Constitutional Integrity, et al. v. United States, et al. Tenth Circuit 2023-06-08 Denied Response Waived agency-rulemaking cloture-rule congressional-review-act due-process equal-protection executive-power legislative-power legislative-rule separation-of-powers voting-thresholds Whether the Congressional Review Act violates the separation of powers
22-7698 Tristan Kareem Davis v. United States Eighth Circuit 2023-06-02 Denied Response WaivedIFP administrative-law appointments-clause civil-rights constitutional-interpretation due-process executive-power senate-confirmation sentencing sixth-amendment statutory-maximum tenth-amendment territorial-governance Whether the court exceeded its authority by not having a jury at the sentencing hearing to sentence Davis beyond the statutory maximum
22-847 Virginia Silva-Navarro v. Roosevelt REO PR Corporation First Circuit 2023-03-07 Denied Response Waived civil-procedure diversity-jurisdiction due-process executive-power federal-court-jurisdiction federal-courts foreign-entity-litigation jurisdiction precedent standing supreme-court-precedent tax-collection Are lower courts in the federal system to follow the case law of this Honorable Court?
22-730 Michael Rop, et al. v. Federal Housing Finance Agency, et al. Sixth Circuit 2023-02-06 Denied acting-director acting-officials appointments-clause constitutional-limits executive-power federal-housing-finance-agency presidential-powers principal-officer senate-confirmation separation-of-powers Whether the challenged decisions of the 'Acting' FHFA Director should be vacated because the Constitution does not permit the President to designate a…
22-5823 Edward Simmons v. James LeBlanc, Secretary, Louisiana Department of Public Safety and Corrections, et al. Fifth Circuit 2022-10-12 Denied Response WaivedIFP civil-rights constitution executive-power legislative-power separation-of-powers standing whether-the-house-of-representatives-has-standing-to-bring-a-civil-action-against-the-executive-branch
22-274 Steven Donziger v. United States Second Circuit 2022-09-22 Denied Amici (1)Response RequestedResponse WaivedRelisted (8) appointments-clause criminal-contempt criminal-procedure executive-power federal-rules-of-criminal-procedure interbranch-appointments judicial-power separation-of-powers special-prosecutor Whether Fed. R. Crim. P. 42(a)(2) authorizes judicial appointments of inferior executive officers
22-241 Marie Farrell, et al. v. Kathleen Hochul, Governor of New York, et al. Second Circuit 2022-09-14 Denied Response Waived civil-rights disabilities-education due-process executive-agency executive-power idea individuals-with-disabilities-education-act injunction-standard pendency-provision public-interest school-mask-mandate state-executive-power Whether the State Executive's promulgation of a statewide school mask mandate that conflicts with the Individuals with Disabilities Education Act (IDE…
22-234 Texas, et al. v. Cook County, Illinois, et al. Seventh Circuit 2022-09-13 Denied administrative-law civil-procedure due-process executive-power federal-rule immigration intervention judicial-procedure litigation-strategy public-charge standing Whether petitioners were entitled to intervene in defense of the Rule
21-1389 Jeremy Bates v. Donald J. Trump, et al. Second Circuit 2022-04-28 Rehearing Response WaivedRelisted (2) article-iii-standing attorney-general citizen-taxpayer-suit civil-rights derivative-standing due-process executive-power presidential-misconduct separation-of-powers standing statutory-interpretation Whether a citizen may have standing to sue the President derivatively on behalf of the United States
21-1084 Janet Heltzel, et al. v. Glenn A. Youngkin, Governor of Virginia, et al. Virginia 2022-02-07 Denied Amici (1)Response Waived contract-clause due-process executive-power monument monument-preservation property-rights public-opinion restrictive-covenant takings Does the Obligation of Contracts Clause prohibit the abrogation of the Commonwealth's agreement to preserve a monument?
21-6312 Manuel Melgar-Diaz and Joaquin Benito-Mendoz v. United States Ninth Circuit 2021-11-17 Denied Response WaivedIFP administrative-law congressional-delegation constitutional-authority constitutional-law executive-power government-branches legislative-delegation legislative-power non-delegation-doctrine separation-of-powers Whether Congress can delegate its authority to another branch of government consistent with the Constitution by merely providing an 'intelligible prin…
21-702 Shahen Minassian v. Seda Galstian Aghaian, et al. California 2021-11-12 Denied Response Waived equitable-remedy executive-orders executive-power federal-preemption illegal-contract international-emergency-economic-powers-act international-trade-sanctions iran-sanctions iranian-transactions-and-sanctions-regulations national-security Whether a state court may fashion an equitable remedy for enforcement of an illegal contract for services concerning blocked property prohibited by in…
21-5663 Justin Michael Rossi v. United States District Court for the District of Columbia District of Columbia 2021-09-14 Denied Response WaivedIFP civil-rights constitutional-interpretation declaration-of-independence declaratory-relief due-process executive-power government-formation international-law pro-se-petition revolution sovereign-immunity sovereignty Whether United States citizens have the right, duty, and privilege to alter, abolish, and form a new government
21-339 Ali Hamza Suliman Al Bahlul v. United States District of Columbia 2021-09-02 Denied administrative-law agency-discretion agency-head appointments-clause binding-upon-all executive-power final-and-conclusive judicial-review principal-officer sole-discretion statutory-interpretation Is an agency head a principal officer under the Appointments Clause?
21-5369 Michael Alexander Rivera v. Unknown Ninth Circuit 2021-08-17 Denied Relisted (2)IFP civil-rights due-process executive-power pardon separation-of-powers standing Whether the United States Constitution justifies and executes the President's actions as reasonable and necessary when granting a pardon is never a si…
20-8210 Anthony A. Patel v. Superior Court of California, Los Angeles County, et al. California 2021-06-03 Denied IFP civil-rights constitutional-interpretation due-process executive-authority executive-power judicial-authority judicial-independence martial-law presidential-powers separation-of-powers supreme-court-justices Can the Executive Branch impose martial law on courts?
20-850 Big Time Vapes, Incorporated, et al. v. Food and Drug Administration, et al. Fifth Circuit 2020-12-28 Denied Amici (2) administrative-discretion administrative-law constitutional-limits executive-authority executive-power legislative-authority legislative-delegation non-delegation-doctrine separation-of-powers tobacco-control-act tobacco-product-regulation Whether Petitioners have stated a claim that § 387a(b) grants excessive policymaking discretion to the executive branch to determine which tobacco pro…
20-298 El Paso County, Texas, et al. v. Joseph R. Biden, Jr., President of the United States, et al. Fifth Circuit 2020-09-08 Pending appropriations-clause border-wall caa congressional-spending department-of-defense executive-branch executive-power separation-of-powers statutory-interpretation transfer-of-funds Whether the Executive Branch's expenditure of $2.5 billion on border-wall construction violates the CAA and thus the Appropriations Clause
20-138 Joseph R. Biden, Jr., President of the United States, et al. v. Sierra Club, et al. Ninth Circuit 2020-08-07 Judgment Issued Amici (16)Relisted (2) administrative-law appropriations appropriations-transfer department-of-defense executive-power judicial-review national-security separation-of-powers standing statutory-authority statutory-interpretation Whether respondents have a cognizable cause of action to obtain review of the Acting Secretary's compliance with Section 8005's proviso in transferrin…
20-5178 Jimmy Fernetus v. United States Eleventh Circuit 2020-07-27 Denied Response WaivedIFP cruel-and-unusual-punishment district-court eighth-amendment executive-branch executive-power legislative-branch legislative-power minimum-mandatory-sentence separation-of-powers Whether the separation of powers doctrine prohibits the legislative and executive branches from forcing a district court judge to impose a minimum man…
20-5136 In Re Abdul Mohammed 2020-07-23 Denied IFP case-dismissal civil-procedure district-court due-process executive-committee executive-power federal-courts judicial-procedure legal-order mandamus mandamus-petition standing whether the Executive Committee's Order entered against the Petitioner on June 17, 2020 is legal
19-8889 Hector Guagua-Alarcon v. United States Eleventh Circuit 2020-07-02 Denied IFP article-iii article-three due-process executive-branch executive-power federal-jurisdiction maritime-drug-law maritime-drug-law-enforcement-act sixth-amendment subject-matter-jurisdiction Does the MDLEA violate Article III and the Sixth Amendment by giving dispositive weight to the Executive Branch's assertion that jurisdiction exists?
19-1427 William Price Tedards, Jr., et al. v. Doug Ducey, Governor of Arizona, et al. Ninth Circuit 2020-06-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) election-date election-writ executive-authority executive-power legislative-power senate-vacancy seventeenth-amendment state-executive state-legislature temporary-appointment Does A.R.S. § 16-222 conflict with the Seventeenth Amendment's requirement that state executives 'shall issue writs of election' and limit state legis…
19-8789 Susana E. Verduzco v. United States Ninth Circuit 2020-06-23 Denied Response WaivedIFP civil-rights constitutional-limits due-process executive-power federalism immigration-status obstruction-of-justice racial-discrimination state-sovereignty Whether the U.S. Constitution and federal law(s) grant the Executive Branch the power to intervene in a state's legal action between citizens, overrid…
19-635 Donald J. Trump v. Cyrus R. Vance, Jr., in His Official Capacity as District Attorney of the County of New York, et al. Second Circuit 2019-11-18 Judgment Issued Amici (13)Response Waived article-2 article-ii article-two constitutional-law criminal-investigation executive-power grand-jury-subpoena immunity president presidential-immunity separation-of-powers subpoena supremacy-clause Whether this subpoena violates Article II and the Supremacy Clause of the United States Constitution
19-5622 Cairo Lopez, Jr. v. United States Fifth Circuit 2019-08-16 Denied Response WaivedIFP 8th-amendment booker cruel-and-unusual-punishment due-process executive-power mandatory-minimum mandatory-minimum-sentences sentencing separation-of-powers standing Whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory minimum cases violates the Fif…
18-751 Metropolitan Interpreters & Translators Inc. v. Francisco Bates, et al. Ninth Circuit 2018-12-12 Denied civil-rights due-process employee-polygraph-protection-act executive-branch-review executive-power federal-contractor federal-contractors judicial-review polygraph polygraph-examination security-clearance standing Whether the Employee Polygraph Protection Act supersedes the National Industrial Security Program Operating Manual's authorization of federal agencies…
18-589 Chad Wolf, Acting Secretary of Homeland Security, et al. v. Martin Jonathan Batalla Vidal, et al. Second Circuit 2018-11-05 Denied Relisted (5) administrative-law administrative-procedure agency-discretion daca-policy deferred-action due-process executive-action executive-power homeland-security immigration immigration-law judicial-review separation-of-powers standing Whether DHS's decision to wind down the DACA policy is judicially reviewable
18-588 Donald J. Trump, President of the United States, et al. v. National Association for the Advancement of Colored People, et al. District of Columbia 2018-11-05 Denied Relisted (5) administrative-law administrative-law-review administrative-procedure-act agency-action deferred-action due-process equal-protection executive-discretion executive-power homeland-security immigration immigration-policy judicial-review standing Whether DHS's decision to wind down the DACA policy is judicially reviewable
18-587 Department of Homeland Security, et al. v. Regents of the University of California, et al. Ninth Circuit 2018-11-05 Judgment Issued Amici (5)Relisted (5) administrative-law administrative-procedure-act administrative-procedure-act-apa deferred-action-for-childhood-arrivals-daca department-of-homeland-security-dhs dhs-policy due-process equal-protection executive-power immigration immigration-enforcement immigration-law judicial-review standing Whether DHS's decision to wind down the DACA policy is judicially reviewable
18-6502 Chris Jonathon Epperson v. United States District Court for the Northern District of Alabama Ninth Circuit 2018-10-31 Denied IFP civil-rights due-process executive-power foreign-affairs foreign-policy national-security political-question separation-of-powers statutory-interpretation Whether the President has the authority to unilaterally revoke a prior President's executive order regarding foreign policy and national security matt…
18-5878 Johnson Christopher Jamerson v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-09-05 Denied Response WaivedIFP but no text of a SCOTUS petition for writ of cert I cannot generate a question presented or identif please provide the full text of the petition. civil-rights due-process executive-power legislative-authority prison-conditions prison-operations regulatory-compliance regulatory-oversight standing Whether the Eleventh Circuit Court of Appeals erred in deciding the case without applying the law to the facts of the case
18-5813 Gregory D. Kilpatrick v. Jennifer Henkin Second Circuit 2018-08-30 Dismissed Response WaivedRelisted (2)IFP administrative-law civil-procedure civil-rights due-process judicial-review standing administrative-law civil-rights due-process executive-power judicial-review standing Whether the court erred in dismissing the case for lack of jurisdiction
18-5702 Miguel Angel Mejia v. United States Eleventh Circuit 2018-08-22 Denied IFP article-iii article-three drug-enforcement executive-power jury-trial maritime-drug-law-enforcement-act maritime-law sixth-amendment subject-matter-jurisdiction Does the MDLEA violate Article III and the Sixth Amendment right to a jury trial by giving dispositive weight to the Executive Branch's assertion that…
18-5550 Mario Lopez-Pacheco v. United States Ninth Circuit 2018-08-10 Denied Response WaivedIFP administrative-law civil-procedure civil-rights due-process executive-power immigration immigration-review judicial-discretion mendoza-lopez-standard noncitizen-rights prejudice standing statutory-interpretation Whether a noncitizen who is not afforded the opportunity to apply for available relief has suffered prejudice