No. 18-161

Detroit International Bridge Company, Inc., et al. v. Department of State, et al.

Lower Court: District of Columbia
Docketed: 2018-08-07
Status: Dismissed
Type: Paid
Tags: civil-rights due-process international-agreements separation-of-powers standing ' non-delegation' compact-clause congress-power constitutional-delegation constitutional-limits delegation-of-power executive-agency foreign-power intelligible-principle state-compact state-foreign-power
Key Terms:
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Latest Conference: N/A
Question Presented (from Petition)

1. Whether Congress may delegate to an Executive
Agency the duty the Constitution expressly assigns to
Congress to decide whether to "Consent" to an
"Agreement or Compact" between a State and "a foreign Power." U.S. Const. art. I, § 10, cl. 3.

2. Whether, when Congress is permitted to
delegate power to an Executive-Branch agency, the
constitutionally required "intelligible principle" may
consist of nothing more than the identity of the agency
receiving the delegation, with no principle anywhere
in the statute itself to whic h the agency is directed to
conform.

Question Presented (AI Summary)

Whether Congress may delegate to an Executive Agency the duty the Constitution expressly assigns to Congress to decide whether to Consent' to an 'Agreement or Compact' between a State and 'a foreign Power

Docket Entries

2018-10-15
Petition Dismissed - Rule 46.
2018-10-12
Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 received.
2018-08-29
Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2018.
2018-08-28
Motion to extend the time to file a response from September 6, 2018 to October 9, 2018, submitted to The Clerk.
2018-08-03
Petition for a writ of certiorari filed. (Response due September 6, 2018)
2018-05-22
Application (17A1278) granted by The Chief Justice extending the time to file until August 3, 2018.
2018-05-16
Application (17A1278) to extend the time to file a petition for a writ of certiorari from June 4, 2018 to August 3, 2018, submitted to The Chief Justice.

Attorneys

Department of State, et al.
Noel J. FranciscoSolicitor General, Respondent
Detroit International Bridge Company, et al.
Hamish HumeBoies Schiller Flexner LLP, Petitioner