No. 19-86

Maria Jordan v. Director, Office of Workers' Compensation Programs, Department of Labor, et al.

Lower Court: Fifth Circuit
Docketed: 2019-07-16
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure-act agency-adjudication appellate-procedure arbitrary-and-capricious constitutional-law constitutional-rights due-process judicial-review
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether the Administrative Procedure Act, as applied to Petitioner by the Fifth Circuit, is unconstitutional.

2. Whether, when dismissing a petition for review of agency action governed by the Administrative Procedure Act, a court of appeals is required to declare the governing law, state material facts, and address relevant issues presented by the parties.

3. Whether, upon the filing of a procedurally correct and adequate petition for certiorari, the U.S. Constitution requires the U.S. Supreme Court to reverse an unexplained dismissal of judicial review of an agency adjudication governed by the Administrative Procedure Act.

Question Presented (AI Summary)

Whether the Administrative Procedure Act, as applied to Petitioner by the Fifth Circuit, is unconstitutional

Docket Entries

2019-10-07
Petition DENIED.
2019-08-21
DISTRIBUTED for Conference of 10/1/2019.
2019-08-05
Waiver of right of respondent Director, Office of Workers' Compensation Programs, U.S. Department of Labor to respond filed.
2019-08-05
Waiver of right of respondent DynCorp International LLC with respect to discrimination claim to respond filed.
2019-08-01
Waiver of right of respondents Continental Casualty Company, et al. to respond filed.
2019-07-12
Petition for a writ of certiorari filed. (Response due August 15, 2019)

Attorneys

Continental Casualty Company, DynCorp and International, LLC with respect to the disability claim
Lauren E. WilsonBrown Sims, Respondent
Director, Office of Workers' Compensation Programs, U.S. Department of Labor
Noel J. FranciscoSolicitor General, Respondent
DynCorp International LLC with respect to discrimination claim
Ethan Daniel BalsamLittler Mendelson, P.C., Respondent
Maria Jordan
Jack Revels Tucker JordanSolo Practitioner, Petitioner