No. 21-6170

Michael D. Webb v. Ralph Northam, Governor of Virginia, et al.

Lower Court: Fourth Circuit
Docketed: 2021-11-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law chevron-deference executive-order executive-privilege foia foia-request jacobson-v-massachusetts justiciable-issue public-health public-health-emergency separation-of-powers
Key Terms:
AdministrativeLaw Environmental JusticiabilityDoctri
Latest Conference: 2022-01-07
Question Presented (from Petition)

Whether Appellant presented a justiciable issue, where the choice of the Virginia Governor and the State Health Commissioner, failed to represent "a reasonable accommodation of conflicting policies that were committed to the agency's care by the statute," so that a reviewing court "should. . . disturb it. . . [when] it appears from the statute or its legislative history that the accommodation is not one that Congress would have sanctioned." Chevron U.S.A., Inc. v. NRDC, 467 U.S. 837, 104 S.Ct. 2778. 81 L.Ed.2d 694 (1984) (citation omitted)

Whether the Reviewing Court erred, where Appellant presented a justiciable issue "limited to 'the grounds that the agency invoked when it took the action'", DHS v. Regents of the University of California, 591 U.S. (2020) (quoting from Michigan v. EPA, 576 U. S. 743 (2015).

Whether Appellant presented a justiciable issue, where, a regulation, "purporting to have been enacted to protect the public health, the public morals, or the public safety has no real or substantial relation to those objects, or is, beyond all question, a plain, palpable invasion of rights secured by the fundamental law, [an

Question Presented (AI Summary)

Whether the President's interest in confidentiality can be overcome by a FOIA request

Docket Entries

2022-01-10
Petition DENIED.
2021-12-16
DISTRIBUTED for Conference of 1/7/2022.
2021-11-19
Waiver of right of respondents Northam, Gov. of VA, et al. to respond filed.
2021-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2021)

Attorneys

Michael D. Webb
Mike Webb — Petitioner
Northam, Gov. of VA, et al.
Michelle Shane KallenVirginia Office of the Attorney General, Respondent