No. 22-451
Loper Bright Enterprises, et al. v. Gina Raimondo, Secretary of Commerce, et al.
Tags: administrative-law agency-power chevron-deference federal-observers fishery-management maritime-regulation statutory-construction statutory-interpretation statutory-silence
Key Terms:
AdministrativeLaw Environmental Privacy
AdministrativeLaw Environmental Privacy
Latest Conference:
2023-04-28
(distributed 5 times)
Question Presented (from Petition)
1. Whether, under a proper application of Chevron, the MSA implicitly grants NMFS the power to force domestic vessels to pay the salaries of the monitors they must carry.
2. Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.
Question Presented (AI Summary)
Whether the Magnuson-Stevens Act implicitly grants the National Marine Fisheries Service the power to force domestic vessels to pay the salaries of the monitors they must carry
Docket Entries
2024-07-30
Judgment Issued.
2024-01-17
Argued. For petitioners: Paul D. Clement, Alexandria, Va. For respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
2023-11-30
CIRCULATED
2023-11-22
Record received from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk. The remainder of the record is available on PACER.
2023-11-20
Record requested from the United States Court of Appeals for the District of Columbia Circuit.
2023-11-17
SET FOR ARGUMENT on Wednesday, January 17, 2024.
2023-10-27
Amicus curiae briefs filed on the merits in this case will also be considered in connection with No. 22-1219, Relentless, Inc., et al. v. Dept. of Commerce, et al.
2023-10-16
Reply of petitioners Loper Bright Enterprises, et al. filed.
2023-10-13
This case is to be argued in tandem with No. 22-1219, Relentless, Inc., et al. v. Dept. of Commerce, et al. in the January 2024 argument session (see order of today in No. 22-1219.)
2023-09-22
Brief amicus curiae of Environmental Defense Fund filed.
2023-09-22
Brief amicus curiae of Public Citizen filed.
2023-09-22
Brief amici curiae of American Association for the Advancement of Science, et al. filed.
2023-09-22
Brief amici curiae of Scholars of Administrative Law and the Administrative Procedure Act filed.
2023-09-22
Brief amicus curiae of Natural Resources Defense Council filed.
2023-09-22
Brief amici curiae of Administrative and Federal Regulatory Law Professors filed.
2023-09-22
Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law filed.
2023-09-22
Brief amici curiae of Conservation Law Foundation, et al. filed.
2023-09-22
Brief amici curiae of American Cancer Society, et al. filed.
2023-09-22
Brief amici curiae of Small Business Associations filed.
2023-09-22
Brief amici curiae of The District of Columbia, et al. filed.
2023-09-22
Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations (Oct. 2, 2023) filed.
2023-09-21
Brief amici curiae of U.S. Senators Sheldon Whitehouse, et al. filed.
2023-09-15
Brief of respondents Raimondo, Gina, et al. filed.
2023-07-24
Brief amicus curiae of Competitive Enterprise Institute filed.
2023-07-24
Brief amicus curiae of Christian Employers Alliance filed.
2023-07-24
Brief amici curiae of David Goethel and John Haran filed.
2023-07-24
Brief amicus curiae of America First Policy Institute filed.
2023-07-24
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
2023-07-24
Brief amicus curiae of National Taxpayers Union Foundation filed.
2023-07-24
Brief amicus curiae of U.S. House of Representatives filed.
2023-07-24
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2023-07-24
Brief amici curiae of Coalition for a Democratic Workplace, et al. filed supporting neither party.
2023-07-24
Brief amici curiae of U.S. Senator Ted Cruz, Congressman Mike Johnson, and 34 Other Members of Congress filed.
2023-07-24
Brief amicus curiae of The Little Sisters of the Poor Saints Peter and Paul Home filed.
2023-07-24
Brief amici curiae of State of West Virginia and 26 Other States filed.
2023-07-24
Brief amicus curiae of Professor Aditya Bamzai filed.
2023-07-24
Brief amici curiae of Electronic Nicotine Delivery System Industry Stakeholders filed.
2023-07-24
Brief amici curiae of FPC Action Foundation and Firearms Policy Coalition filed.
2023-07-24
Brief amici curiae of Professors Kent Barnett and Christopher J. Walker in support on neither party filed.
2023-07-24
Brief amicus curiae of Third Party Payment Processors Association filed.
2023-07-24
Brief amicus curiae of Strive Asset Management filed.
2023-07-24
Brief amicus curiae of Advance Colorado Institute filed.
2023-07-24
Brief amicus curiae of New Civil Liberties Alliance filed.
2023-07-24
Brief amicus curiae of Governor Brian P. Kemp filed.
2023-07-24
Brief amici curiae of Eight National Business Organizations filed.
2023-07-24
Brief amicus curiae of American Cornerstone Institute filed.
2023-07-24
Brief amici curiae of Southeastern Legal Foundation, et al. filed.
2023-07-24
Brief amicus curiae of Ohio Chamber of Commerce filed.
2023-07-24
Brief amicus curiae of American Free Enterprise Chamber of Commerce filed.
2023-07-24
Brief amicus curiae of National Sports Shooting Foundation, Inc. filed.
2023-07-24
Brief amici curiae of Advancing American Freedom, et al. filed.
2023-07-24
Brief amici curiae of Buckeye Institute and National Federation of Independent Business Small Business Legal Center, Inc. filed.
2023-07-24
Brief amici curiae of Independent Women's Law Center and Washington Legal Foundation filed.
2023-07-24
Brief amici curiae of Gun Owners of America, Inc., et al. filed.
2023-07-21
Brief amicus curiae of The Foundation for Government Accountability filed.
2023-07-21
Brief amicus curiae of Liberty Justice Center filed.
2023-07-21
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2023-07-21
Brief amicus curiae of Landmark Legal Foundation filed.
2023-07-21
Brief amici curiae of Cato Institute, et al. filed.
2023-07-21
Brief amicus curiae of Mountain States Legal Foundation filed.
2023-07-21
Brief amicus curiae of Professor Thomas W. Merrill in support of neither party filed.
2023-07-20
Brief amici curiae of Manhattan Institute, et al. filed.
2023-07-20
Brief amicus curiae of American Center for Law and Justice filed.
2023-07-20
Brief amicus curiae of TechFreedom filed.
2023-07-20
Brief amicus curiae of New England Legal Foundation filed.
2023-07-19
Brief amici curiae of PTAAAARMIGAN LLC, et al. in support of neither party filed.
2023-07-19
Brief amicus curiae of America First Legal Foundation filed.
2023-07-18
Brief amicus curiae of Lonang Institute filed.
2023-07-18
Brief amicus curiae of Goldwater Institute filed.
2023-07-17
Brief amicus curiae of Pacific Legal Foundation filed.
2023-07-17
Brief of petitioners Loper Bright Enterprises, et al. filed.
2023-07-13
Brief amicus curiae of Atlantic Legal Foundation filed.
2023-07-13
Brief amicus curiae of DRI Center for Law and Public Policy filed.
2023-07-07
Motion for a further extension of time to file the briefs on the merits filed.
2023-07-07
Motion to further extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is further extended to and including July 17, 2022. The time to file respondents' brief on the merits is further extended to and including September 15, 2023.
2023-06-20
Motion to dispense with printing the joint appendix filed by petitioners GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
2023-06-09
Motion to dispense with printing the joint appendix filed by petitioners Loper Bright Enterprises, et al.
2023-06-05
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 10, 2023. The time to file respondents' brief on the merits is extended to and including August 30, 2023.
2023-06-02
Motion for an extension of time to file the briefs on the merits filed.
2023-05-01
Motion for leave to file amicus brief filed by Pacific Legal Foundation GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
2023-05-01
Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
2023-05-01
Motion for leave to file amicus brief filed by Christian Employers Alliance GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
2023-05-01
Motion for leave to file amici brief filed by Relentless, Inc., et al. GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
2023-05-01
Motion for leave to file amici brief filed by David Goethel, et al. GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
2023-05-01
Motion for leave to file amicus brief filed by Advancing American Freedom GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
2023-05-01
Petition GRANTED limited to Question 2 presented by the petition. Justice Jackson took no part in the consideration or decision of this petition.
2023-04-24
DISTRIBUTED for Conference of 4/28/2023.
2023-04-17
DISTRIBUTED for Conference of 4/21/2023.
2023-04-10
DISTRIBUTED for Conference of 4/14/2023.
2023-03-27
DISTRIBUTED for Conference of 3/31/2023.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-03-08
Reply of petitioners Loper Bright Enterprises, et al. filed. (Distributed)
2023-02-16
Brief of respondents Gina Raimondo, Secretary of Commerce, et al. in opposition filed.
2023-01-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2023.
2023-01-12
Motion to extend the time to file a response from January 17, 2023 to February 16, 2023, submitted to The Clerk.
2022-12-15
Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023.
2022-12-15
Brief amicus curiae of Independent Women's Law Center filed.
2022-12-15
Brief amici curiae of West Virginia, et al. filed.
2022-12-15
Brief amicus curiae of Southeastern Legal Foundation filed.
2022-12-15
Motion for leave to file amicus brief filed by Christian Employers Alliance.
2022-12-15
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
2022-12-15
Motion for leave to file amici brief filed by Relentless, Inc., et al.
2022-12-15
Motion for leave to file amici brief filed by David Goethel, et al.
2022-12-15
Motion for leave to file amici brief filed by Advancing American Freedom, et al.(12/19/2022)
2022-12-15
Brief amici curiae of Buckeye Institute, et al. filed.
2022-12-14
Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence.
2022-12-13
Motion for leave to file amicus brief filed by Pacific Legal Foundation.
2022-12-13
Motion to extend the time to file a response from December 15, 2022 to January 17, 2023, submitted to The Clerk.
2022-12-12
Brief amici curiae of Competitive Enterprise Institute, et al. filed.
2022-12-09
Brief amici curiae of Cato Institute, et al. filed.
2022-12-06
Brief amicus curiae of New England Legal Foundation filed.
2022-11-17
Blanket Consent filed by Petitioner, Loper Bright Enterprises, et al.
2022-11-10
Petition for a writ of certiorari filed. (Response due December 15, 2022)
Attorneys
Aditya Bamzai
Aditya Bamzai — Amicus
Administrative and Federal Regulatory Law Professors
Advance Colorado Institute
Kristine Lee Brown — Attorney At Law, Amicus
Advancing American Freedom
America First Legal Foundation
Christopher E. Mills — Spero Law LLC, Amicus
America First Policy Institute
Matthew John Conigliaro — Carlton Fields, P.A., Amicus
American Cancer Society, et al.
Scott P. Lewis — Anderson & Kreiger LLP, Amicus
American Center for Law and Justice
American Cornerstone Institute
American Federation of Labor & Congress of Industrial Organizations
Andrew Lyubarsky — AFL-CIO, Amicus
American Free Enterprise Chamber of Commerce
Steven Andrew Engel — Dechert LLP, Amicus
Atlantic Legal Foundation
Lawrence S. Ebner — Atlantic Legal Foundation, Amicus
Buckeye Institute and National Federation of Independent Business Small Business Legal Center, Inc.
David Christian Tryon — The Buckeye Institute, Amicus
Cato Institute
Clark M. Neily III — Cato Institute, Amicus
Anastasia Paulinna Boden — Cato Institute, Amicus
Center for Constitutional Jurisprudence
Chamber of Commerce of the United States of America
Helgi C. Walker — Gibson, Dunn & Crutcher LLP, Amicus
Christian Employers Alliance
Matthew S. Bowman — Alliance Defending Freedom, Amicus
Coalition For A Democratic Workplace et al.
Elbert Lin — Hunton Andrews Kurth LLP, Amicus
Competitive Enterprise Institute
Conservation Law Foundation, Ocean Conservancy, and Save the Sound
Kirti Datla — Earthjustice, Amicus
David Goethel and John Haran
Andrew Michael Grossman — Baker & Hostetler LLP, Amicus
DRI Center for Law and Public Policy
Melinda S. Kollross — Clausen Miller P.C., Amicus
Eight National Business Organizations
Timothy S. Bishop — Mayer Brown, LLP, Amicus
Electronic Nicotine Delivery System Industry Stakeholders
Eric Philip Gotting — Keller and Heckman LLP, Amicus
Environmental Defense Fund
Sean Hoe Donahue — Donahue & Goldberg, LLP, Amicus
FPC Action Foundation and Firearms Policy Coalition
Goldwater Institute
Timothy Mason Sandefur — Goldwater Institute, Amicus
Governor Brian P. Kemp
Gun Owners of America, Inc., et al.
William Jeffrey Olson — William J. Olson, P.C., Amicus
Independent Women's Law Center; Washington Legal Foundation
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Landmark Legal Foundation
Lawyers’ Committee for Civil Rights Under Law
Liberty Justice Center
Loren Ariela Seehase — Liberty Justice Center, Amicus
Lonang Institute
Loper Bright Enterprises, et al.
Paul D. Clement — Clement & Murphy, PLLC, Petitioner
Manhattan Institute
Ilya Shapiro — Manhattan Institute, Amicus
Mountain States Legal Foundation
National Right to Work Legal Defense Foundation, Inc.
National Sports Shooting Foundation, Inc.
National Taxpayers Union Foundation
Natural Resources Defense Council
New Civil Liberties Alliance
New England Legal Foundation
Ohio Chamber of Commerce
Pacific Legal Foundation
Aditya Dynar — Pacific Legal Foundation, Amicus
Professor Thomas W. Merrill
Joseph Dinneen Kearney — Amicus
Professors Kent Barnett and Christopher J. Walker
PTAAAARMIGAN LLC, et al.
David Eric Boundy — Potomac Law Group PLLC, Amicus
Public Citizen
Raimondo, Gina, et al.
Elizabeth B. Prelogar — Solicitor General, Respondent
Scholars of Administrative Law and the Administrative Procedure Act
Small Business Associations
Southeastern Legal Foundation
Thomas Ryan McCarthy — Consovoy McCarthy PLLC, Amicus
State of West Virginia and 17 Other States
State of West Virginia and 26 Other States
Strive Asset Management
TechFreedom
Corbin Knight Barthold — TechFreedom, Amicus
THE AMERICAN ASSOCIATION FOR THE ADVANCEMENT OF SCIENCE, THE AMERICAN SOCIETY FOR PHARMACOLOGY AND EXPERIMENTAL THERAPEUTICS, AND THE ECOLOGICAL SOCIETY OF AMERICA
The American Federation of Labor and Congress of Industrial Organizations
Harold Craig Becker — Amicus
The Buckeye Institute and National Federation of Independent Business
John Joseph Park Jr. — Law Offices of Jack Park, Amicus
The District of Columbia et al.
The Foundation for Government Accountability
The Little Sisters of the Poor Saints Peter and Paul Home
Third Party Payment Processors Association
U.S. House of Representatives
Matthew B. Berry — Office of General Counsel , Amicus
U.S. Senator Ted Cruz, Congressman Mike Johnson, and 34 Other Members of Congress
U.S. SENATORS SHELDON WHITEHOUSE, MAZIE HIRONO, DIANE FEINSTEIN, AND ELIZABETH WARREN IN SUPPORT OF RESPONDENTS
Erwin Chemerinsky — Amicus
Washington Legal Foundation and Independent Women's Law Center
Kathryn Elizabeth Tarbert — Schaerr Jaffe LLP, Amicus