No. 21-339
Ali Hamza Suliman Al Bahlul v. United States
Tags: administrative-law agency-discretion agency-head appointments-clause binding-upon-all executive-power final-and-conclusive judicial-review principal-officer sole-discretion statutory-interpretation
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2021-12-03
Question Presented (from Petition)
1. Is an agency head, who is statutorily given the
"sole discretion and prerogative" to make "final and
conclusive" decisions in adjudications that are case-
dispositive, unreviewable, and "binding upon all
departments, courts, agencies, and officers of the
United States," a principal officer under the
Appointments Clause?
2. When, if ever, may a statute be construed to
implicitly establish an office that a Department
Head may fill under the Excepting Clause?
Question Presented (AI Summary)
Is an agency head a principal officer under the Appointments Clause?
Docket Entries
2021-12-06
Petition DENIED. Justice Gorsuch and Justice Kavanaugh took no part in the consideration or decision of this petition.
2021-11-23
Letter of November 19, 2021 received from counsel for the petitioner. (Distributed)
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-10
Reply of petitioner Ali Hamza Al Bahlul filed.
2021-11-03
Brief of respondent United States in opposition filed.
2021-10-01
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
2021-09-30
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
2021-08-24
Petition for a writ of certiorari filed. (Response due October 4, 2021)
Attorneys
Ali Hamza Al Bahlul
United States
Elizabeth B. Prelogar — Solicitor General, Respondent