rulemaking-authority

5 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-420 Bill H. Walmsley, et al. v. Federal Trade Commission, et al. Eighth Circuit 2024-10-15 GVR Amici (3)Relisted (4) administrative-law constitutional-challenge delegation-of-power federal-trade-commission private-enforcement rulemaking-authority Whether the Horseracing Integrity and Safety Act unlawfully delegates enforcement and rulemaking power to a private corporation
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…
21-379 Texas, et al. v. Commissioner of Internal Revenue, et al. Fifth Circuit 2021-09-08 Denied Relisted (9) administrative-law affordable-care-act agency-rule medicaid-rates nondelegation-doctrine private-entity rulemaking-authority statute-of-limitations Whether an agency rule delegating rulemaking authority to a private entity violates the nondelegation doctrine
20-1203 Moose Jooce, et al. v. Food and Drug Administration, et al. District of Columbia 2021-03-03 Denied Amici (3) administrative-procedure-act agency agency-law appointments-clause due-process government-action ratification ratification-doctrine rulemaking-authority standing Whether a government official has the power to validate the unauthorized actions of other officials is presumptively determined by the law of agency, …
18-5241 Victor Maturino v. United States Fifth Circuit 2018-07-16 Denied Response WaivedIFP administrative-law commentary-amendments destructive-devices double-jeopardy due-process firearms firearms-possession guideline-commentary offense-level-increases rulemaking-authority sentence-enhancement sentencing-commission-process sentencing-guidelines statutory-interpretation Whether the Sentencing Commission may amend the commentary to the Sentencing Guidelines to create new categories of conduct that increase sentences wi…