| 24-6622 |
John Bradley v. United States |
Second Circuit |
2025-02-24 |
Denied |
Response WaivedIFP |
appointments-clause article-two constitutional-interpretation federal-judiciary judicial-designation separation-of-powers |
1. Under Article II, Section 2 of the Constitution, principal federal officers, including United States District and Circuit Judges, must be nominated… |
| 24A580 |
Gina Raimondo, Secretary of Commerce, et al. v. Raymond Lofstad, et al. |
Third Circuit |
2024-12-13 |
Presumed Complete |
|
administrative-law appointments-clause constitutional-interpretation fishery-management regional-council significant-authority |
Question not identified. |
| 24-489 |
Gulf Coast Racing, L.L.C., et al. v. Horseracing Integrity and Safety Authority, Inc., et al. |
Fifth Circuit |
2024-10-31 |
GVR |
Relisted (3) |
administrative-law appointments-clause constitutional-separation-of-powers industry-regulation non-delegation-doctrine regulatory-authority |
1. Whether Congress can empower a purportedly private nonprofit entity to regulate an entire industry nationwide through rulemaking, adjudication, and… |
| 24-316 |
Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. v. Braidwood Management, Inc., et al. |
Fifth Circuit |
2024-09-19 |
Judgment Issued |
Amici (27) |
appointments-clause constitutional-defect cost-sharing preventive-services statutory-provision task-force |
Whether the court of appeals erred in holding that the structure of the Task Force violates the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, … |
| 23-1362 |
Robert Kreb v. Integra Aviation, L.L.C., et al. |
Fifth Circuit |
2024-07-02 |
Denied |
Response Waived |
administrative-procedure administrative-procedures-act appointments-clause article-iii due-process freedom-of-information-act privacy-act sua-sponte-dismissal subject-matter-jurisdiction whistleblower-protection |
Is it appropriate for courts to contend with this Court or Congress established law through sua sponte invocation of affirmative defenses and dismiss … |
| 23A581 |
Metal Conversion Technologies, LLC v. Department of Transportation |
Eleventh Circuit |
2023-12-22 |
Presumed Complete |
|
administrative-procedure agency-adjudication appointments-clause equitable-tolling judicial-review time-limit |
Question not identified. |
| 23A96 |
Henry Klein v. Louisiana Office of Disciplinary Counsel |
Louisiana |
2023-08-01 |
Presumed Complete |
|
administrative-adjudication appointments-clause due-process lawyer-discipline non-article-iii-officers separation-of-functions |
Question not identified. |
| 22-7698 |
Tristan Kareem Davis v. United States |
Eighth Circuit |
2023-06-02 |
Denied |
Response WaivedIFP |
administrative-law appointments-clause civil-rights constitutional-interpretation due-process executive-power senate-confirmation sentencing sixth-amendment statutory-maximum tenth-amendment territorial-governance |
Did the Court exceed its authority in not having a jury at the sentencing hearing to sentence Davis beyond the Statutory Maximum?
Is the United State… |
| 22-838 |
Integrity Advance, LLC, et al. v. Consumer Financial Protection Bureau |
Tenth Circuit |
2023-03-03 |
Denied |
|
administrative-law administrative-law-judges appointments-clause appropriations-clause consumer-financial-protection-bureau due-process judicial-review lucia-v-sec separation-of-powers |
1. When this Court in Lucia v. SEC , 138 S. Ct. 2044 (2018) instructed that an agency must hold a "new hearing" before a new and properly appointed of… |
| 22-730 |
Michael Rop, et al. v. Federal Housing Finance Agency, et al. |
Sixth Circuit |
2023-02-06 |
Denied |
|
acting-director acting-officials appointments-clause constitutional-limits executive-power federal-housing-finance-agency presidential-powers principal-officer senate-confirmation separation-of-powers |
In August 2009, the Director of the Federal Housing Finance Agency resigned. The Senate did not confirm a successor for over four years. In the meanti… |
| 22-274 |
Steven Donziger v. United States |
Second Circuit |
2022-09-22 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (8) |
appointments-clause criminal-contempt criminal-procedure executive-power federal-rules-of-criminal-procedure interbranch-appointments judicial-power separation-of-powers special-prosecutor |
In Young v. United States ex rel. Vuitton et Fils
S.A., 481 U.S. 787 (1987), this Court endorsed the
practice of appointing private lawyers to try cri… |
| 22-269 |
Dawn Moore v. United States |
Fifth Circuit |
2022-09-22 |
Denied |
Response Waived |
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 |
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 … |
| 22-5344 |
In Re Eric McCray |
|
2022-08-11 |
Denied |
IFP |
administrative-law appointments-clause constitutional-law executive-authority separation-of-powers take-care-clause |
Whether this Court should use its Power to Grant Writ of Habeas Corpus to a Moorish-American Sovereign Man Who has no other available forum to raise h… |
| 22-5098 |
Arthur Torlucci v. California |
California |
2022-07-13 |
Denied |
Relisted (2)IFP |
administrative-law agency-adjudication appointments-clause civil-rights due-process judicial-review legal-standard lower-court-ruling protected-activity securities-regulation separation-of-powers statutory-interpretation |
Question not identified. |
| 21-1036 |
Gamon Plus, Inc. v. Campbell Soup Company, et al. |
Federal Circuit |
2022-01-24 |
Denied |
Response Waived |
administrative-law appointments-clause arthrex-precedent federal-circuit judicial-remand patent-law patent-review rehearing-petition remand separation-of-powers |
1. Whether this Court should vacate the judgment below in view of its recent decision in United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021), and r… |
| 21-6266 |
Mary Aragon, aka Mary Delgado, and German Ramirez-Gonzalez v. United States |
Ninth Circuit |
2021-11-15 |
Denied |
Response WaivedIFP |
acting-attorney-general appointments-clause constitutional-law due-process executive-branch principal-officer senate-confirmation united-states-attorney |
Did the Ninth Circuit's disposition of Petitioners' claim under Article II's Appointments Clause — namely, that Whitaker's unconstitutional appointmen… |
| 21-350 |
Infineum USA L.P. v. Chevron Oronite Company LLC, et al. |
Federal Circuit |
2021-09-07 |
GVR |
|
administrative-review appointments-clause certiorari-review federal-circuit federal-rule-of-appellate-procedure-41 final-written-decision judicial-mandate mandate patent-proceedings united-states-v-arthrex |
1. Whether this Court should vacate the judgment below in view of its recent decision in United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021), and r… |
| 21-339 |
Ali Hamza Suliman Al Bahlul v. United States |
District of Columbia |
2021-09-02 |
Denied |
|
administrative-law agency-discretion agency-head appointments-clause binding-upon-all executive-power final-and-conclusive judicial-review principal-officer sole-discretion statutory-interpretation |
1. Is an agency head, who is statutorily given the
"sole discretion and prerogative" to make "final and
conclusive" decisions in adjudications that ar… |
| 20-1654 |
Sonos, Inc. v. Implicit, LLC, et al. |
Federal Circuit |
2021-05-26 |
Denied |
Response RequestedRelisted (2) |
administrative-patent-judges appointments-clause article-ii constitutional-law inferior-officers principal-officers separation-of-powers united-states |
Whether administrative patent judges are
"principal" or "inferior" Officers of the United States
within the meaning of the Appointments Clause. |
| 20-1631 |
Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office v. Implicit, LLC, et al. |
Federal Circuit |
2021-05-21 |
GVR |
Response RequestedRelisted (2) |
administrative-law administrative-patent-judges appointments-clause constitutional-law inferior-officers judicial-appointment officer-status patent-office principal-officers separation-of-powers us-patent-and-trademark-office |
Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Offic… |
| 20-1589 |
Kris Kaszuba, dba Hollywood Group v. Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office |
Federal Circuit |
2021-05-17 |
Denied |
Relisted (2) |
15-usc-1064 administrative-law appointments-clause civil-procedure constitutional-interpretation federal-circuit judicial-review lexmark principal-officers standing trademark trademark-law |
1. Has the Federal Circuit erred in refusing to follow this Court's Lexmark precedent, and in not applying precedent to standing under 15 U.S.C. § 106… |
| 20-7730 |
Fendi Brooks v. United States |
Third Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
appointments-clause attorney-general constitutional-law constitutional-violation federal-vacancies-reform-act prejudice standing statutory-interpretation structural-violation |
When colorably alleging a structural, constitutional violation, specifically, that an individual illegally exercised the powers of the office of the A… |
| 20-1285 |
Immunex Corporation v. Sanofi-Aventis U.S. LLC, et al. |
Federal Circuit |
2021-03-16 |
Denied |
|
35-usc-318 administrative-patent-judges appointments-clause inferior-officers patent-and-trademark-office principal-officers |
The first two questions presented here are the same as those presented in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1458; Smith & Nephew, Inc. v. … |
| 20-1261 |
Wi-LAN, Inc., et al. v. Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office |
Federal Circuit |
2021-03-11 |
Denied |
|
administrative-law appointments-clause constitutional-law inferior-officer judicial-review patent patent-office principal-officer separation-of-powers statutory-interpretation uspto |
1. Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Of… |
| 20-7407 |
Alberto Solar-Somohano v. The Coca-Cola Company, et al. |
Federal Circuit |
2021-03-10 |
Denied |
Response WaivedIFP |
administrative-law administrative-patent-judges appointments appointments-clause arthrex-decision article-i constitutional-review patent-appeal secretary-of-commerce separation-of-powers trademark-judges |
Whether the 2002 Intellectual Property High Technology Technical Amendments Act be repealed - the enrolled bill was missing the section that made the … |
| 20-1203 |
Moose Jooce, et al. v. Food and Drug Administration, et al. |
District of Columbia |
2021-03-03 |
Denied |
Amici (3) |
administrative-procedure-act agency agency-law appointments-clause due-process government-action ratification ratification-doctrine rulemaking-authority standing |
Whether a government official has the power to validate the unauthorized actions of other officials is presumptively determined by the law of agency, … |
| 20-1220 |
Comcast Cable Communications, LLC v. Promptu Systems Corporation, et al. |
Federal Circuit |
2021-03-03 |
Denied |
|
administrative-patent-judges appointments-clause appointments-clause-interpretation constitutional-law inferior-officers judicial-review officer-status principal-officers separation-of-powers |
Whether administrative patent judges are "principal" or "inferior" Officers of the United States within the meaning of the Appointments Clause. |
| 20-1145 |
In Re Lakshmi Arunachalam |
|
2021-02-22 |
Denied |
|
appointments-clause constitutional-violations contract-clause due-process federal-circuit-court judicial-inquiry patent patent-rights separation-of-powers supreme-court-jurisdiction |
1. Whether Justice Barrett, as the last standing
Justice with original jurisdiction, with the same
duty and oath as the lower courts to enforce the … |
| 20-1112 |
In Re Lakshmi Arunachalam |
|
2021-02-12 |
Denied |
Response Waived |
administrative-law appointments-clause constitutional-law contract-clause due-process equal-protection government-contracts patent patent-law separation-of-powers stare-decisis |
1. Whether Justice Barrett, as the last standing
Justice with original jurisdiction, with the same
duty and oath as the lower courts to enforce the … |
| 20-853 |
Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office v. Fall Line Patents, LLC, et al. |
Federal Circuit |
2020-12-28 |
GVR |
Response RequestedRelisted (3) |
administrative-law administrative-patent-judges appointments-clause constitutional-interpretation department-head inferior-officers officer-status patent-office principal-officers separation-of-powers us-patent-and-trademark-office |
Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Offic… |
| 20-728 |
adidas AG v. Nike, Inc. |
Federal Circuit |
2020-11-25 |
Denied |
|
5-usc-7513 administrative-law appointments-clause constitutional-law inferior-officers judicial-review patent-judges principal-officers severance statutory-interpretation us-patent-and-trademark-office |
1. Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Of… |
| 20-679 |
Micron Technology, Inc. v. North Star Innovations, Inc. |
Federal Circuit |
2020-11-17 |
Denied |
Relisted (2) |
appointments-clause inferior-officers inter-partes-review patent-and-trademark-office principal-officers standing |
1. Whether, for purposes of the Appointments
Clause, U.S. Const. art. II, § 2, cl. 2, administrative
patent judges of the U.S. Patent and Trademark Of… |
| 20-424 |
IYM Technologies LLC v. RPX Corporation, et al. |
Federal Circuit |
2020-10-02 |
Denied |
Response Waived |
appointments-clause arthrex constitutional-claim federal-circuit forfeiture inter-partes-review patent patent-law standing |
Whether a court of appeals can invoke forfeiture to refuse to address a constitutional claim in a pending appeal despite an intervening change in law. |
| 20-414 |
Rovi Guides, Inc. v. Comcast Cable Communications, LLC, et al. |
Federal Circuit |
2020-09-30 |
Denied |
Relisted (2) |
administrative-law administrative-patent-judges appointments-clause civil-procedure constitutional-interpretation due-process executive-officers patent separation-of-powers tenure-protections |
1. Whether the severance and invalidation of administrative patent judges' tenure protections is consistent with congressional intent.
2. Whether inv… |
| 20-408 |
Fredman Bros. Furniture Company, Inc. v. Bedgear, LLC |
Federal Circuit |
2020-09-29 |
Dismissed |
Relisted (2) |
administrative-officers administrative-patent-judges appointments-clause constitutional-law inferior-officers judicial-review patent-law principal-officers separation-of-powers united-states |
Whether administrative patent judges are "principal" or "inferior" Officers of the United States within the meaning of the Appointments Clause. |
| 20-314 |
RPM International Inc., et al. v. Alan Stuart, Trustee for the Cecil G. Stuart and Donna M. Stuart Revocable Living Trust Agreement, et al. |
Federal Circuit |
2020-09-10 |
GVR |
Response RequestedRelisted (3) |
administrative-law administrative-patent-judges appointments-clause constitutional-law judicial-procedure officer-status patent patent-trial-and-appeal-board standing us-constitution-article-ii |
1. Whether the court of appeals erred by vacating and remanding the case based on an Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, challenge r… |
| 20-276 |
Christopher M. Gibson v. Securities and Exchange Commission, et al. |
Eleventh Circuit |
2020-09-03 |
Denied |
Amici (7) |
administrative-law administrative-law-judges appointments-clause constitutional-challenge dodd-frank free-enterprise-fund jurisdictional-review lucia-v-sec sec-enforcement securities-and-exchange-commission separation-of-powers |
Whether Congress has implicitly stripped federal district courts of jurisdiction to adjudicate separation-of-powers challenges to the authority of SEC… |
| 20-271 |
Vilox Technologies, LLC v. Andre Iancu, Director, United States Patent and Trademark Office |
Federal Circuit |
2020-09-02 |
Denied |
Relisted (2) |
administrative-judges administrative-patent-judges appointments-clause congressional-intent executive-review patent-trial-and-appeal-board severance-remedy tenure-protections |
1. Whether the court of appeals' severance remedy of the Appointments Clause violation of Administrative Patent Judges (APJs) is consistent with congr… |
| 20-273 |
Comcast Cable Communications, LLC v. Rovi Guides, Inc., et al. |
Federal Circuit |
2020-09-02 |
Dismissed |
|
administrative-law administrative-patent-judges agency-adjudication appointments-clause constitutional-interpretation inferior-officers judicial-review patent-judges principal-officers separation-of-powers united-states-patent-and-trademark-office |
1. Whether, for purposes of the Appointments Clause, U.S. Const. art. II, § 2, cl. 2, administrative patent judges of the United States Patent and Tra… |
| 20-260 |
Personal Audio, LLC v. CBS Corporation |
Federal Circuit |
2020-09-01 |
Denied |
|
appointments-clause collateral-estoppel inter-partes-review patent-law reexamination-clause seventh-amendment waiver |
1. Must the collateral estoppel effect of an inter partes review be raised and litigated in the appeal of the inter partes review, rather than in the … |
| 20-228 |
ESIP Series 2, LLC v. Puzhen Life USA, LLC |
Federal Circuit |
2020-08-28 |
Denied |
Response Waived |
administrative-patent-judges appointments-clause arbitrary-and-capricious art-iii-court due-process inter-partes-review patent statutory-jurisdiction thryv-precedent |
1. Whether Board decisions that are arbitrary
and capricious, exceed the Board's statutory
jurisdiction from the start, and are made by
administrative… |
| 20-150 |
ThermoLife International LLC v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office |
Federal Circuit |
2020-08-13 |
Denied |
|
administrative-patent-judges appellate-review appointments-clause chenery-doctrine constitutional-appointment patent-trial-and-appeal-board principal-officers rehearing unconstitutional-appointments |
1. Whether the Federal Circuit violated the
Chenery doctrine by making new factual findings in
the first instance on appeal to affirm a decision of
th… |
| 20-135 |
Customedia Technologies, LLC v. Dish Network Corporation, et al. |
Federal Circuit |
2020-08-07 |
Denied |
Response Waived |
35-USC-101 Administrative-Procedure-Act Appointments-Clause Due-Process Leahy-Smith-America-Invents-Act patent-eligibility Patent-Eligible-Subject-Matter patent-trial-and-appeals-board ultra-vires |
1. Whether a court of appeals can invoke forfeiture to refuse to address an Appointments Clause violation in a pending appeal despite an intervening c… |
| 20-131 |
Essity Hygiene and Health AB v. Cascades Canada ULC, et al. |
Federal Circuit |
2020-08-07 |
Denied |
|
appointments-clause constitutional-interpretation discretion federal-circuit forfeiture judicial-discretion pending-cases precedential-decision scalia |
Following a precedential decision sustaining an Appointments Clause challenge, does a court have discretion to apply the decision in pending cases whe… |
| 20-105 |
John J. Davis, et al. v. Andrew M. Saul, Commissioner of Social Security |
Eighth Circuit |
2020-07-31 |
Judgment Issued |
Relisted (3) |
administrative-law administrative-law-judge appointments-clause disability-benefits exhaustion-doctrine exhaustion-of-remedies judicial-review social-security |
Whether a claimant seeking disability benefits or supplemental security income under the Social Security Act must exhaust an Appointments Clause chall… |
| 20-92 |
Comcast Cable Communications, LLC v. Promptu Systems Corporation, et al. |
Federal Circuit |
2020-07-29 |
Denied |
Relisted (2) |
administrative-patent-judges appointments-clause appointments-clause-interpretation constitutional-law inferior-officers officer-status principal-officers separation-of-powers |
Whether administrative patent judges are "principal" or "inferior" Officers of the United States within the meaning of the Appointments Clause. |
| 19-1475 |
Duke University v. Biomarin Pharmaceutical Inc. |
Federal Circuit |
2020-07-08 |
Denied |
|
35-usc-314 administrative-law administrative-patent-judges appointments-clause due-process forfeiture inter-partes-review patent patent-law standing statutory-interpretation |
1. Whether a court of appeals can invoke forfeiture to refuse to address an Appointments Clause violation in a pending appeal despite an intervening c… |
| 19-1458 |
Arthrex, Inc. v. Smith & Nephew, Inc., et al. |
Federal Circuit |
2020-07-06 |
Judgment Issued |
Amici (2)Relisted (2) |
administrative-judges administrative-law administrative-patent-judges appointments-clause congress due-process executive-review independence judicial-remedy patent separation-of-powers severance tenure tenure-protection |
The Appointments Clause requires principal officers
to be appointed by the President with the advice and
consent of the Senate, but permits inferior o… |
| 19-1459 |
Polaris Innovations Limited v. Kingston Technology Company, Inc., et al. |
Federal Circuit |
2020-07-06 |
GVR |
Amici (2)Relisted (3) |
35-usc-311 administrative-patent-judges appointments-clause civil-service-protections congressional-intent constitutional-remedy ipr-statute patent-law severance statutory-interpretation tenure-protections |
1. Whether severance of the tenure protections for Administrative Patent Judges ("APJs") was unavailable to the Arthrex court to remedy the violation … |
| 19-1452 |
Smith & Nephew, Inc., et al. v. Arthrex, Inc., et al. |
Federal Circuit |
2020-07-02 |
Judgment Issued |
Amici (1)Relisted (2) |
administrative-adjudicators administrative-patent-judges appointments-clause constitutional-interpretation federal-circuit inferior-officers lucia-v-sec patent-trial-and-appeal-board principal-officers |
Whether administrative patent judges are "principal" or "inferior" Officers of the United States within the meaning of the Appointments Clause. |
| 19-1451 |
Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc. |
Federal Circuit |
2020-07-02 |
Denied |
|
administrative-law appointments-clause constitutional-challenge federal-circuit forfeiture ksr-international-co-v-teleflex-inc obviousness patent-act patent-law patent-trial-and-appeal-board pending-case separation-of-powers |
While Sanofi's appeal was pending before the Federal Circuit, the court decided Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019),… |
| 19-1442 |
Willie Earl Carr, et al. v. Andrew M. Saul, Commissioner of Social Security |
Tenth Circuit |
2020-07-01 |
Judgment Issued |
Amici (1)Relisted (2) |
administrative-law-judge appointments-clause circuit-split disability-benefits exhaustion-of-remedies judicial-review social-security social-security-act |
Whether claimants seeking disability benefits under the Social Security Act must exhaust Appointments Clause challenges before the Administrative Law … |
| 19-8860 |
In Re Lakshmi Arunachalam |
|
2020-06-30 |
Dismissed |
Relisted (2)IFP |
appointments-clause aqua-products arthrex constitutional-redress equal-protection fletcher-v-peck patent-prosecution patent-prosecution-history patent-review supreme-court-precedent virnetx |
Whether this Court must Order the Circuit Court to apply Arthrex, Virnetx, Aqua Products, consider Patent Prosecution History, and enforce Fletcher, i… |
| 19-1434 |
United States v. Arthrex, Inc., et al. |
Federal Circuit |
2020-06-29 |
Judgment Issued |
Amici (2)Relisted (2) |
administrative-patent-judges appointments-clause constitutional-law inferior-officer inferior-officers patent patent-and-trademark-office principal-officer principal-officers standing uspto |
1. Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Of… |
| 19-8350 |
Christopher R. Desmond v. Delaware |
Third Circuit |
2020-04-23 |
Denied |
Response WaivedIFP |
appointment-clause appointments-clause civil-procedure constitutional-law delaware-judges judicial-qualifications judicial-selection separation-of-powers standing state-judicial-appointments state-judiciary |
WHETHER ALL DELAWARE JUDGES ARE APPOINTED IN VIOLATION OF THE
APPOINTMENT CLAUSE OF THE UNITED STATES CONSTITUTION. A COURT OF
COMPETENT JURISDICTIO… |
| 19-1204 |
Arthrex, Inc. v. Smith & Nephew, Inc., et al. |
Federal Circuit |
2020-04-09 |
Denied |
|
administrative-law appointments-clause constitutional-challenge due-process fifth-amendment inter-partes-review patent-law patent-law-retroactivity patent-office retroactive-application retroactivity takings |
1. Whether the retroactive application of inter partes review to patents that were applied for before the America Invents Act violates the Fifth Amend… |
| 19-909 |
Dennis J. Malouf v. Securities and Exchange Commission |
Tenth Circuit |
2020-01-22 |
Denied |
Response Waived |
administrative-exhaustion appointments-clause claim-processing-rule equitable-exceptions investment-advisers-act jurisdictional-condition securities-exchange-act securities-law |
Numerous federal statutes require administrative exhaustion to preserve an issue for review by an Article III court. The Securities Exchange Act ("SEA… |
| 19-6034 |
Tomas Liriano Castillo v. United States |
Third Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
appointments-clause attorney-general-succession-act civil-procedure federal-government federal-rules-of-criminal-procedure federal-vacancies-reform-act notice plain-error procedural-forfeiture rule-52b social-media social-media-notice |
Can announcements made via the President's personal social media be sufficient to put litigants against the Federal Government on notice so that litig… |
| 18-1521 |
Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. v. Financial Oversight and Management Board for Puerto Rico, et al. |
First Circuit |
2019-06-07 |
Judgment Issued |
Amici (1)Response Waived |
administrative-law appointments-clause constitutional-challenge constitutional-law de-facto-officer de-facto-officer-doctrine ongoing-injury oversight-board principal-officers puerto-rico relief uncon-stitutional-appointments united-states-constitution |
After correctly determining that the members of
the Financial Oversight and Management Board for
Puerto Rico are principal Officers of the United Stat… |
| 18-1514 |
United States v. Aurelius Investment, LLC, et al. |
First Circuit |
2019-06-06 |
Judgment Issued |
Amici (1) |
appointments appointments-clause constitutional-law officers-of-the-united-states promesa public-officers puerto-rico separation-of-powers territorial-government territorial-officers |
The question presented is whether members of the Board are "Officers of the United States" within the meaning of the Appointments Clause of the U.S. C… |
| 18-1496 |
Official Committee of Unsecured Creditors of All Title III Debtors Other Than COFINA v. Aurelius Investment, LLC, et al. |
First Circuit |
2019-05-31 |
Judgment Issued |
Amici (1)Response Waived |
administrative-law appointments-clause article-ii article-iv constitutional-law federal-jurisdiction financial-oversight financial-oversight-and-management-board financial-oversight-board oversight-board puerto-rico separation-of-powers territorial-clause territorial-governance |
Whether the Appointments Clause governs the appointment of members of the Financial Oversight and Management Board for Puerto Rico. |
| 18-1475 |
Aurelius Investment, LLC, et al. v. Commonwealth of Puerto Rico, et al. |
First Circuit |
2019-05-28 |
Judgment Issued |
Amici (1)Response Waived |
appointments-clause constitutional-challenge constitutional-law constitutional-violation de-facto-officer-doctrine meaningful-relief ongoing-injury principal-officers separation-of-powers standing |
Does the de facto officer doctrine allow courts to deny meaningful relief to successful separation-of-powers challengers who are suffering ongoing inj… |
| 18-1334 |
Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, et al. |
First Circuit |
2019-04-24 |
Judgment Issued |
Amici (2) |
appointments-clause article-iv constitutional-law exceptional-importance federal-government-structure federal-officers financial-oversight-and-management-board merits-review oversight-board puerto-rico separation-of-powers supreme-court territorial-government |
Whether the Appointments Clause governs the appointment of members of the Financial Oversight and Management Board for Puerto Rico. |
| 18-1117 |
Kabani & Company, Inc., et al. v. Securities and Exchange Commission |
Ninth Circuit |
2019-02-26 |
Denied |
|
administrative-framework administrative-law appointments-clause constitutional-challenge constitutional-law due-process hearing-officer judicial-review lucia-v-sec procedural-validity ryder-v-united-states separation-of-powers structural-constitutional-objections timely-challenge |
In Lucia v. SEC, this Court held that
administrative law judges of the United States
Securities and Exchange Commission are "Officers of
the United St… |
| 18-911 |
Intermountain Health Care, Inc., et al. v. United States, ex rel. Gerald Polukoff, et al. |
Tenth Circuit |
2019-01-14 |
Dismissed |
Amici (1)Response RequestedResponse Waived |
appointments-clause civil-procedure civil-procedure-9(b) false-claims-act fraud particularity-requirement pleading-standards qui-tam rule-9b standing |
1. Whether a court may create an exception to Federal Rule of Civil Procedure 9(b)'s particularity requirement when the plaintiff claims that only the… |
| 18-7115 |
Richard Clark v. D. J. Harmon, Warden |
Fifth Circuit |
2018-12-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
28-usc-2241 28-usc-2255 appointments-clause article-iii constitutional-delegation due-process habeas-corpus habeas-corpus-2255-2241 ineffective-assistance-of-counsel judicial-conference separation-of-powers standing statutory-interpretation subject-matter-jurisdiction |
This Court's Article III inferiors are in turmoil over the meaning of 28 U.S.C. § 2255(e)'s phrase "inadequate or ineffective." Congress has not defin… |
| 18-189 |
Smartflash LLC v. Samsung Electronics America, Inc., et al. |
Federal Circuit |
2018-08-14 |
Denied |
Response Waived |
35-usc-101 administrative-patent-judges appointments-clause covered-business-method-review due-process patent-eligibility patent-invalidation patent-trial-and-appeal-board principal-officers |
1. Whether Administrative Patent Judges of the Patent Trial and Appeal Board ("Board") are principal Officers of the United States who must be appoint… |