No. 21-379

Texas, et al. v. Commissioner of Internal Revenue, et al.

Lower Court: Fifth Circuit
Docketed: 2021-09-08
Status: Denied
Type: Paid
Relisted (9) Experienced Counsel
Tags: administrative-law affordable-care-act agency-rule medicaid-rates nondelegation-doctrine private-entity rulemaking-authority statute-of-limitations
Latest Conference: 2022-03-25 (distributed 9 times)
Question Presented (from Petition)

(1) Whether an agency rule delegating rulemaking authority to a private entity violates the nondelegation doctrine.

(2) Whether the statute of limitations applicable to a challenge to an agency rule that delegates rulemaking authority to a private entity starts to run when the agency delegates the authority or when the private entity exercises the delegated authority.

Question Presented (AI Summary)

Whether an agency rule delegating rulemaking authority to a private entity violates the nondelegation doctrine

Docket Entries

2022-03-28
Petition DENIED. Statement of Justice Alito, with whom Justice Thomas and Justice Gorsuch join, respecting the denial of certiorari. (Detached Opinion)
2022-03-21
DISTRIBUTED for Conference of 3/25/2022.
2022-03-14
DISTRIBUTED for Conference of 3/18/2022.
2022-02-28
DISTRIBUTED for Conference of 3/4/2022.
2022-02-22
DISTRIBUTED for Conference of 2/25/2022.
2022-02-11
DISTRIBUTED for Conference of 2/18/2022.
2022-01-18
DISTRIBUTED for Conference of 1/21/2022.
2022-01-10
DISTRIBUTED for Conference of 1/14/2022.
2022-01-06
Rescheduled.
2022-01-03
DISTRIBUTED for Conference of 1/7/2022.
2021-12-06
Rescheduled.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-22
Reply of petitioners Texas, et al. filed. (Distributed)
2021-11-08
Brief of respondents Commissioner of Internal Revenue, et al. in opposition filed.
2021-09-13
Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021.
2021-09-10
Motion to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
2021-09-03
Petition for a writ of certiorari filed. (Response due October 8, 2021)

Attorneys

Commissioner of Internal Revenue, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Texas, et al.
Judd Edward Stone IITexas Attorney General's Office, Petitioner