No. 20-850
Big Time Vapes, Incorporated, et al. v. Food and Drug Administration, et al.
Amici (2)
Tags: 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
Latest Conference:
2021-06-03
Question Presented (from Petition)
Whether Petitioners have stated a claim that
§ 387a(b) grants excessive policymaking discretion to
the executive branch to determine which tobacco
products shall be federally regulated, impermissibly
delegating legislative authority in violation of the
separation of powers established by the Constitution.
Question Presented (AI Summary)
Whether Petitioners have stated a claim that § 387a(b) grants excessive policymaking discretion to the executive branch to determine which tobacco products shall be federally regulated, impermissibly delegating legislative authority in violation of the separation of powers established by the Constitution
Docket Entries
2021-06-07
Motion for leave to file amici brief filed by 19 National and State Electronic Nicotine Delivery System Product Advocacy Associations GRANTED.
2021-06-07
Petition DENIED.
2021-05-18
DISTRIBUTED for Conference of 6/3/2021.
2021-05-12
Reply of petitioners Big Time Vapes, Incorporated, et al. filed.
2021-04-28
Brief of respondents Food and Drug Administration, et al. in opposition filed.
2021-03-18
Motion to extend the time to file a response is granted and the time is further extended to and including April 28, 2021.
2021-03-17
Motion to extend the time to file a response from March 29, 2021 to April 28, 2021, submitted to The Clerk.
2021-02-19
Motion to extend the time to file a response is granted and the time is further extended to and including March 29, 2021.
2021-02-18
Motion to extend the time to file a response from February 26, 2021 to March 29, 2021, submitted to The Clerk.
2021-01-26
Motion for leave to file amici brief filed by 19 National and State Electronic Nicotine Delivery System Product Advocacy Associations.
2021-01-13
Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2021.
2021-01-11
Motion to extend the time to file a response from January 27, 2021 to February 26, 2021, submitted to The Clerk.
2020-12-18
Petition for a writ of certiorari filed. (Response due January 27, 2021)
Attorneys
19 National and State Electronic Nicotine Delivery System Product Advocacy Associations
Big Time Vapes, Incorporated, et al.
Jerad Wayne Najvar — Najvar Law Firm, PLLC, Petitioner
Food and Drug Administration, et al.
Elizabeth B. Prelogar — Acting Solicitor General, Respondent