agency-discretion

57 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6528 Victor Shelton v. Department of Justice Eighth Circuit 2026-01-09 Pending Response WaivedIFP agency-discretion civil-rights-act department-of-justice federal-financial-assistance judicial-review nondiscretionary-duty 1. Does the U.S. Department of Justice have a nondiscretionary duty to investigate civil rights complaints submitted by complainants who allege discri…
25-737 John S. Morter v. Pete Hegseth, Secretary of Defense District of Columbia 2025-12-22 Pending Response Waived agency-discretion essential-job-function medical-exemption reasonable-accommodation rehabilitation-act security-screening 1. Whether a federal agency may, consistent with the Rehabilitation Act of 1973 and EEOC regulations, redefine a security screening requirement —suc…
25-6174 Jill Capobianco v. Frank Bisignano, Commissioner of Social Security Eleventh Circuit 2025-11-20 Denied Response WaivedIFP administrative-law agency-discretion disability-benefits due-process medical-evidence social-security During an application for Supplemental Security Insurance (SSI) and Disability Benefits (SSDI), under 20 § C.F.R. §§ 404.1527(c), SSR-2p, and SSR 16-3…
25A269 Department of State, et al. v. AIDS Vaccine Advocacy Coalition, et al. District of Columbia 2025-09-08 Presumed Complete Amici (2) administrative-procedure-act agency-discretion congressional-appropriations executive-branch funding-restrictions judicial-review Question not identified.
25A103 National Institutes of Health, et al. v. American Public Health Association, et al. First Circuit 2025-07-24 Presumed Complete Amici (2) administrative-law agency-discretion grant-termination judicial-review research-funding subject-matter-jurisdiction Question not identified.
24-7492 Tony Chaney v. Chicago Housing Authority Seventh Circuit 2025-06-25 Denied IFP 14th-amendment administrative-procedure-act agency-discretion due-process fair-hearing housing-rights Whether [H]ousing agencies that receives funding from the Department of Housing and Urban Affairs has the authority to unilaterally deny residents the…
24-1233 John M. Barr, et al. v. Securities and Exchange Commission Fifth Circuit 2025-06-04 Denied Response Waived administrative-law agency-discretion due-process regulatory-standard retroactive-application whistleblower-award Whether an agency can deny a whistleblower award by applying a new regulatory standard retroactively, after the whistleblower's claim has fully mature…
24-1187 Vanda Pharmaceuticals, Inc. v. Food and Drug Administration, et al. District of Columbia 2025-05-21 Denied Response RequestedResponse WaivedRelisted (2) administrative-law agency-discretion drug-approval fda-regulation medical-innovation statutory-interpretation Congress enacted the Fast Track program to speed the development and approval of certain novel therapies. It required FDA to designate "a new drug" as…
24-547 Maria E. Smith v. Merrick B. Garland, Attorney General, et al. Seventh Circuit 2024-11-15 Denied Response Waived administrative-procedure agency-discretion citizenship-petition due-process immigration-law record-inspection Did the agency violate Mrs. Smith's due process rights by requiring that she rebut what it asserted was derogatory information but summarizing that in…
24-475 Braidwood Management, Inc., et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. Fifth Circuit 2024-10-30 Denied administrative-law agency-discretion health-insurance non-delegation-doctrine preventive-services statutory-interpretation Does 42 U.S.C. § 300gg-13(a)(1)–(4) violate the non-delegation doctrine by empowering agencies to unilaterally decree the preventive care that private…
24A269 Sault Ste. Marie Tribe of Chippewa Indians v. Deb Haaland, Secretary of the Interior, et al. District of Columbia 2024-09-17 Presumed Complete administrative-law agency-discretion indian-lands native-american-rights statutory-interpretation trust-acquisition Question not identified.
24A191 QYK Brands LLC, dba Glowyy v. Federal Trade Commission Ninth Circuit 2024-08-21 Presumed Complete administrative-law agency-discretion chevron-deference consumer-protection due-process ftc-injunction Question not identified.
24A178 NACCO Natural Resources Corporation v. Environmental Protection Agency, et al. District of Columbia 2024-08-16 Presumed Complete administrative-law agency-discretion clean-air-act epa-regulation mercury-emissions statutory-interpretation Question not identified.
24-52 Gunes Biray v. Securities and Exchange Commission District of Columbia 2024-07-17 Denied Response Waived administrative-law administrative-procedure agency-deference agency-discretion appellate-review arbitrary-and-capricious due-process sec-enforcement securities-law securities-regulation whistleblower-protection Does the United States Securities and Exchange Commission (SEC) possess absolute immunity from appellate scrutiny when it arbitrarily or capriciously …
23-7118 Danilo Augusto Feliciano, aka Danil Ezekiel Faust v. Merrick B. Garland, Attorney General District of Columbia 2024-04-01 Denied Response WaivedIFP administrative-law agency-discretion arbitrary-and-capricious civil-procedure constitutional-analysis due-process judicial-review legal-interpretation precedent-setting statutory-construction Question not identified.
23-975 Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al. District of Columbia 2024-03-06 Judgment Issued Amici (38)Relisted (2) administrative-law agency-discretion circuit-split environmental-review limited-statutory-authority national-environmental-policy-act public-citizen regulatory-authority Whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which …
23-6746 Alexander Isaiah Perez v. Sandra Hijar, Warden Fifth Circuit 2024-02-14 Denied Response WaivedIFP administrative-law administrative-procedure agency-deference agency-discretion civil-rights due-process judicial-review notice-and-comment procedural-due-process regulatory-interpretation standing statutory-interpretation 0T>uA W d'SVr\cV Courts uV.\;-^a4ion of V»\t *4 o-f f^ST'V +® ^rejod.'ce 4ViC 'Pe-K-l'to/iers § 39*41 -peli-Ron, w.-Hioot °fPor a»Aw 4u amend vtotate …
23A507 Lotus Vaping Technologies, LLC v. Food and Drug Administration Ninth Circuit 2023-12-05 Presumed Complete administrative-procedure agency-discretion evidentiary-standards fair-notice marketing-denial regulatory-review Question not identified.
23-558 United Natural Foods, Inc., dba United Natural Foods, Inc. and SuperValu, Inc. v. National Labor Relations Board Fifth Circuit 2023-11-22 GVR Relisted (2) administrative-law agency-discretion civil-procedure definite-term federal-office federal-officer nlrb-procedure removal removal-authority statutory-interpretation 1. Whether statutes that prescribe a definite term for a federal office, without providing for removal of the officer during the prescribed term, impl…
23-548 Jenny Schieber, et al. v. United States District of Columbia 2023-11-21 Denied Response Waived administrative-procedure-act agency-discretion dispute-resolution executive-agreement international-executive-agreements judicial-review statutory-interpretation substantive-statute 1. Whether agency adjudication rendered pursuant to an international executive agreement is subject to judicial review under the APA where: (a) Congre…
23-413 Michael Lissack v. Commissioner of Internal Revenue District of Columbia 2023-10-19 GVR Relisted (2) administrative-action administrative-law agency-discretion chevron-deference discretion internal-revenue-service statutory-interpretation tax-law tax-whistleblower whistleblower-award Section 7623 of Title 26 governs the Internal Revenue Service's (hereinafter the "IRS") ability to pay awards to whistleblowers. Prior to 2006, awards…
23-380 Military-Veterans Advocacy Inc. v. Denis R. McDonough, Secretary of Veterans Affairs Federal Circuit 2023-10-11 Denied Amici (1) administrative-law agency-discretion agent-orange-act chicago-convention herbicide-exposure international-civil-aviation judicial-review procopio-v-wilkie service-connection veterans-benefits whether-a-proper-construction-of-the-bwn-act-warra whether-the-secretary-conducted-a-flawed-interpret Question not identified.
22-7394 Mike Webb v. Department of the Army, et al. District of Columbia 2023-04-28 Denied Response WaivedIFP administrative-law administrative-remedies agency-discretion agency-response civil-procedure due-process fifth-amendment foia foia-request privacy-act pro-se-litigation standing I. Whether, given "the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the pla…
22-969 City of Santa Maria, California, et al. v. San Luis Obispo Coastkeeper, et al. Ninth Circuit 2023-04-06 Denied Response Waived agency-authority agency-discretion cooperative-federalism federal-statute nondelegation-doctrine separation-of-powers state-water-rights statutory-interpretation water-rights 1. Whether the nondelegation doctrine and separation of powers prevent courts from interpreting a federal statute's "and other purposes" clause to inv…
22-911 Robert R. Snyder v. California Department of Corrections and Rehabilitation, et al. California 2023-03-17 Denied administrative-law administrative-regulation agency-discretion chevron-deference civil-rights due-process judicial-review ministerial-duty prisoner-rights property-rights statutory-authority Did the California corrections agency exceed the bounds of its statutory authority when they wrote an administrative regulation without any sort of pr…
22-762 Robert Kreb v. Department of Labor Ninth Circuit 2023-02-13 Denied Response Waived administrative-law administrative-procedure agency-discretion agency-review arbitrary-and-capricious employee-protection employee-protection-rights evidentiary-burden standard-of-review statutory-interpretation 1. What is the appropriate standard of review when an agency administrative law judge abuses their discretion, is arbitrary and capricious or otherwis…
22-629 David Holbrook v. Tennessee Valley Authority, et al. Fourth Circuit 2023-01-09 Denied administrative-law agency-discretion congressional-intent government-corporation judicial-review public-utilities rate-setting statutory-interpretation Do federal courts have authority to review TVA's fidelity to its enabling statute, or is TVA's rate-setting excepted from all judicial review even whe…
22-5456 Min Jeong Kim v. United States Citizenship and Immigration Services Fourth Circuit 2022-08-29 Denied Response WaivedRelisted (2)IFP administrative-law agency-discretion civil-procedure due-process federal-jurisdiction federalism immigration-law judicial-review jurisdiction standing statutory-interpretation h a.\re. ^7 im7iA(?-^ k.lrUf~h^y^ fo\octflSr-<?*T^e -fei er&\ J (Arls^^t,-h does £(r£i/tf4- IA. 0 <9v/er d? ia avy <9-h?cfc<?r (/ (JUW^V o?\>V^0<S?0\…
22-88 Kenneth Hawkins, et al. v. Department of Housing and Urban Development, et al. Fifth Circuit 2022-07-29 Denied Response Waived administrative-law agency-discretion due-process housing housing-assistance judicial-review statutory-interpretation statutory-relief tenant-rights This case concerns the right to judicial review of agency discretion to grant or deny relief that is: specifically set out in a federal statute, for w…
21-7372 Aaron Abadi v. Department of Transportation Second Circuit 2022-03-15 Denied Response WaivedIFP administrative-procedure-act agency-action agency-discretion discrimination-laws failure-to-act judicial-review mandamus petition-for-review standing unreasonable-withholding 1) The 2nd and DC Circuits refuse to accept a petition for review for a failure to act. They will only accept it as a writ of mandamus, treating it as…
21-954 Joseph R. Biden, Jr., President of the United States, et al. v. Texas, et al. Fifth Circuit 2021-12-29 Judgment Issued Amici (24) administrative-discretion administrative-law agency-discretion border-policy due-process homeland-security immigration-law immigration-policy judicial-review statutory-interpretation 1. Whether 8 U.S.C. 1225 requires DHS to continue implementing MPP. 2. Whether the court of appeals erred by concluding that the Secretary's new deci…
21-560 Dakota Access, LLC v. Standing Rock Sioux Tribe, et al. District of Columbia 2021-10-18 Denied Amici (1)Relisted (3) agency-discretion civil-rights due-process environmental-impact environmental-impact-statement federal-agency judicial-review national-environmental-policy-act nepa pipeline-easement procedural-error standing 1. Whether, under NEPA, an agency that carefully considers all criticisms of its environmental analysis must also "resolve" those criticisms to the co…
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…
21-132 Robert Pilchman v. National Labor Relations Board, et al. Second Circuit 2021-08-02 Denied Response WaivedRelisted (2) administrative-law agency-discretion civil-rights due-process first-amendment judicial-review labor-relations pro-se-litigation standing Whether a government agency like the National Labor Relations Board has absolute discretion in all of its non-enforcement decisions and thus such deci…
20-6955 Theresa Skillings v. City of New York, New York New York 2021-01-27 Denied Relisted (2)IFP administrative-law agency-discretion americans-with-disabilities-act child-services civil-rights due-process equal-protection family-law immigration-law social-services-law statutory-interpretation Whether the respondent, in denying the petitioner's request for services by occupation at the petitioner's home in accordance with New York State Law,…
20-1010 Ded Rranxburgaj v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. Sixth Circuit 2021-01-27 Dismissed Amici (3) administrative-law agency-discretion immigration-law jurisdiction removal-proceedings statutory-interpretation Question not identified.
20-410 NTCH, Inc. v. Federal Communications Commission, et al. District of Columbia 2020-09-29 Denied administrative-agency administrative-law agency-discretion auction auction-integrity cash-payments integrity public-interest regulatory-agency regulatory-benefits rule-making In the course of notice and comment proceedings to set the rules for an auction of spectrum licenses, the FCC entered into a secret agreement with one…
20-5525 Larry R. Bailey v. United States, et al. Sixth Circuit 2020-08-27 Denied Response WaivedRelisted (2)IFP administrative-law agency-discretion discovery-rights due-process federal-lands fee-authority fees judicial-procedure public-lands public-records standing (Due to cognitive issues from a previous stroke lam addressing questions in order that they appear in pleadings to limit confusion on my behalf) Whe…
20-38 Arkansas v. Charles Gresham, et al. District of Columbia 2020-07-16 Judgment Issued Amici (2)Relisted (2) administrative-law agency-discretion experimental-projects health-benefits health-policy medicaid medicaid-expansion secretary-of-health-and-human-services social-welfare statutory-interpretation work-requirements Whether the Secretary's approval of the Arkansas Works Amendment was lawful.
20-37 Xavier Becerra, Secretary of Health and Human Services, et al. v. Charles Gresham, et al. District of Columbia 2020-07-16 Judgment Issued Relisted (2) administrative-law agency-discretion civil-rights demonstration-projects health-care-coverage medicaid medicaid-demonstration-projects statutory-interpretation work-requirements Whether the court of appeals erred in concluding that the Secretary may not authorize demonstration projects to test requirements that are designed to…
19-8922 Amber Renee Craker v. Texas Texas 2020-07-08 Denied Response WaivedIFP administrative-law administrative-proceedings agency-discretion capital-punishment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review statutory-interpretation Was there sufficient evidence to support her capital murder conviction? Did the Court of Appeals Err in holding Craker's mistaken belief that she kil…
19-1381 BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., fka MonoSol RX, LLC Federal Circuit 2020-06-16 Denied Response RequestedResponse WaivedRelisted (2) administrative-law administrative-law-review agency-discretion appellate-jurisdiction due-process federal-circuit inter-partes-review judicial-review mandate-implementation patent patent-office sas-institute 1. The Federal Circuit vacated three inadequate final written decisions and remanded the inter partes reviews (IPRs) with the order to implement this …
19-1355 Betzaida P. Jernigan v. Robert Wilkie, Secretary of Veterans Affairs Federal Circuit 2020-06-10 Denied Response WaivedRelisted (2) accredited-service-officer administrative-law advice-by-counsel agency-discretion civil-rights due-process false-evidence false-information government-misconduct judicial-authority judicial-review material-evidence omission-of-relevant-material-evidence presumption-of-withdrawal standing standing-contrary-to-petitioner's-claims willful-submission-of-false-information Willful submission of false information and omission of relevant material evidence by accredited service officer(s) and advice by counsel to claimant …
19-1115 American Bankers Association v. National Credit Union Administration District of Columbia 2020-03-11 Denied Amici (4) administrative-law agency-authority agency-discretion chevron-deference delegation-of-authority local-community regulatory-definition separation-of-powers statutory-interpretation When a statute expressly directs an agency to define a statutory term, does the delegation expand the scope of the agency's authority at Chevron step …
19-835 Valero Energy Corporation, et al. v. Environmental Protection Agency District of Columbia 2020-01-02 Denied Amici (2)Response Waived administrative-law administrative-procedure agency-deference agency-discretion annual-rulemaking clean-air-act epa-rulemaking judicial-review point-of-obligation renewable-fuel-standard The requirement that EPA "shall" make a "calendar year" determination of the "appropriate" point of obligation requires EPA to consider in each annual…
19-705 John F. Sharpe v. United States Federal Circuit 2019-12-03 Denied Response WaivedRelisted (2) administrative-law agency-discretion federal-claims military-pay separation-of-powers statutory-interpretation treasury-disbursements I. Whether the acts of officials of the De partments of Defense and of the Navy are bound by statute and regulation. II. Whether a court may find va…
19-547 United States Fish and Wildlife Service, et al. v. Sierra Club, Inc. Ninth Circuit 2019-10-28 Judgment Issued Amici (6)Relisted (2) agency-action agency-discretion deliberative-process-privilege document-disclosure draft-documents endangered-species-act freedom-of-information-act interagency-consultation Whether Exemption 5 of the Freedom of Information Act, 5 U.S.C. 552(b)(5) (2012), by incorporating the deliberative process privilege, protects agains…
19-6281 Donald R. Sanders v. Barack Hussein Obama, et al. Second Circuit 2019-10-17 Denied Response WaivedRelisted (2)IFP civil-procedure. civil-rights constitution due-process free-speech standing administrative-law agency-discretion border-policy civil-procedure civil-rights constitutional-rights due-process equal-protection free-speech immigration-enforcement standing Question not identified.
19-5773 John Franklin Kenney v. P. D. Brazelton, Warden Ninth Circuit 2019-08-30 Denied IFP administrative-law administrative-proceedings agency-discretion appeals civil-procedure civil-rights due-process federal-courts habeas-corpus judicial-review reasoned-decision statute-of-limitations statutory-interpretation statutory-provisions Question not identified.
19-5597 Randall B. Lord v. United States Fifth Circuit 2019-08-15 Denied Response WaivedIFP administrative-law agency-deference agency-discretion agency-regulation bitcoin-exchange chevron-deference civil-procedure due-process money-transmission plain-error regulatory-deference statutory-interpretation I. Is it a plain error for the District Court to regulatory deference to an agency's regulation before identifying ambiguity in the plain meaning of a…
18-9651 Carlos Arturo Patino-Restrepo v. Department of Justice, et al. District of Columbia 2019-06-13 Denied Response WaivedIFP administrative-law agency-discretion civil-procedure due-process foia freedom-of-information-act government-transparency judicial-review mandatory-regulation summary-judgment 1. Does a district court abuse its discretion in granting an agency summary judgment in a FOIA proceeding where the agency has failed to comply with a…
18-1469 Department of Homeland Security, et al. v. Casa de Maryland, et al. Fourth Circuit 2019-05-24 Denied Amici (1)Relisted (3) administrative-law administrative-procedure-act agency-action agency-discretion deferred-action dhs-policy executive-discretion immigration immigration-enforcement immigration-law judicial-review policy-rescission standing 1. Whether DHS's decision to wind down the DACA policy is judicially reviewable. 2. Whether DHS's decision to wind down the DACA policy is lawful.
18-853 United Parcel Service, Inc. v. Postal Regulatory Commission District of Columbia 2019-01-04 Denied Amici (2)Relisted (2) administrative-law agency-deference agency-discretion chevron-deference cost-attribution institutional-costs package-delivery postal-accountability-and-enhancement-act postal-regulatory-commission postal-service statutory-interpretation 1. Should this Court reconsider the doctrine of Chevron deference? 2. Should this Court hold that Chevron deference does not apply to an agency's une…
18-7153 J. E., aka J. E. C. v. Oregon Department of Human Services Oregon 2018-12-21 Denied Response WaivedRelisted (2)IFP agency-deference agency-discretion chevron-doctrine civil-rights constitutional-rights due-process first-amendment human-services parental-rights standing Did the Supreme Court of Oregon have the opportunity to consider every possible situation which might arise from a Termination of Parental Rights? Di…
18-589 Chad Wolf, Acting Secretary of Homeland Security, et al. v. Martin Jonathan Batalla Vidal, et al. Second Circuit 2018-11-05 Denied Relisted (5) administrative-law administrative-procedure agency-discretion daca-policy deferred-action due-process executive-action executive-power homeland-security immigration immigration-law judicial-review separation-of-powers standing 1. Whether DHS's decision to wind down the DACA policy is judicially reviewable. 2. Whether DHS's decision to wind down the DACA policy is lawful.
18-560 Peaje Investments LLC v. The Financial Oversight and Management Board for Puerto Rico, et al. First Circuit 2018-10-30 Denied agency-discretion agency-regulation bankruptcy-code bankruptcy-code-statutory-lien bankruptcy-procedure circuit-court-conflict circuit-split court-of-appeals due-process lien-definition property-interest property-rights puerto-rico-law secured-creditor statutory-lien Petitioner owns bonds issued by Respondent, the Puerto Rico Highway & Transportation Authority ("HTA"). The bonds are secured by a lien on toll revenu…
18-512 Lee Simmons v. Paul Daniel Smith, in His Official Capacity as Acting Director of the National Park Service, et al. Eighth Circuit 2018-10-18 Denied Response Waived administrative-agency-deference administrative-law agency-action agency-discretion chevron-deference due-process judicial-review property-rights statutory-interpretation takings wild-and-scenic-rivers-act 1. Whether an agency can advance an interpretation of a statute for the first time in litigation and then demand deference for its view under Chevron.…