No. 22-269
Response Waived
Tags: appointments-clause article-ii civil-procedure constitutional-interpretation constitutional-law federal-courts federal-rule-of-appellate-procedure federal-rules-of-appellate-procedure judicial-decision judicial-review separation-of-powers
Latest Conference:
2022-11-18
Question Presented (from Petition)
Is the application of Fed. R. App P. 2, by the United States Court of Appeals for the Fifth Circuit in the case at hand Unconstitutional and violates the appoint- ment provision under Art. II, § 2, cl. 2 of the United States Constitution, by delegating appellate judicial decisions to a class of "mere employees " who are not appointed "Officers of the United States " pursuant to Art. II, § 2, cl. 2 of the United States Constitution.
Question Presented (AI Summary)
Is the application of Fed. R. App P. 2 unconstitutional and violates the appointment provision under Art. II, § 2, cl. 2 of the United States Constitution
Docket Entries
2022-11-21
Petition DENIED.
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-24
Waiver of right of respondent United States to respond filed.
2022-07-15
Petition for a writ of certiorari filed. (Response due October 24, 2022)
Attorneys
Dawn Moore
Dawn Moore — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent