No. 22-1186

Citizens for Constitutional Integrity, et al. v. United States, et al.

Lower Court: Tenth Circuit
Docketed: 2023-06-08
Status: Denied
Type: Paid
Response Waived
Tags: agency-rulemaking cloture-rule congressional-review-act due-process equal-protection executive-power legislative-power legislative-rule separation-of-powers voting-thresholds
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether the Congressional Review Act, which
incorporates the Cloture Rule, 5 U.S.C. 801(b)(2),
violates the separation of powers by creating a one-
way ratchet that exists solely to erode, undermine,
and chip away at Executive Power.

2. Whether the Congressional Review Act's two,
unequal voting thresholds, 5 U.S.C. 801(d)(1),
802(b)(2), make it harder for Congress to fix mistakes,
therefore merit intermediate scrutiny under equal
protection, and ultimately fail the test. See United
States v. Carolene Prods. Co., 304 U.S. 144, 152 n.4
(1938).

3. Whether the Senate's two, unequal voting
thresholds, together, violate substantive due process
by accomplishing the illegitimate objective of
manipulating Article I, Section 7, simple-majority
voting thresholds.

Question Presented (AI Summary)

Whether the Congressional Review Act violates the separation of powers

Docket Entries

2023-10-02
Petition DENIED.
2023-07-12
DISTRIBUTED for Conference of 9/26/2023.
2023-07-07
Waiver of right of respondent United States, et al. to respond filed.
2023-06-06
Petition for a writ of certiorari filed. (Response due July 10, 2023)

Attorneys

Citizens for Constitutional Integrity, et al.
Jared Scott PettinatoThe Pettinato Firm, Petitioner
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent