| 25A104 |
Edward J. Zakrzewski, II v. Florida |
Florida |
2025-07-24 |
Denied |
|
arbitrary-and-capricious cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment jury-override |
Question not identified. |
| 24A978 |
Federal Energy Regulatory Commission v. New Jersey Conservation Foundation, et al. |
District of Columbia |
2025-04-11 |
Presumed Complete |
|
arbitrary-and-capricious environmental-impact-statement greenhouse-gas-emissions natural-gas-act nepa public-convenience-and-necessity |
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 … |
| 23-1315 |
Maxwell Jones v. United States |
Federal Circuit |
2024-06-17 |
Denied |
Response Waived |
administrative-procedure arbitrary-and-capricious arbitrary-capricious conflict-of-interest dfas-denial forged-documents judicial-immunity military-pay military-records records-correction wrongful-discharge |
I. Whether, in a military pay and records correction case, when the Secretary of the Army publishes a final decision by directive following their inve… |
| 23-1125 |
Logic Technology Development LLC v. Food and Drug Administration |
Third Circuit |
2024-04-17 |
Denied |
Relisted (3) |
administrative-law agency-action arbitrary-and-capricious electronic-nicotine-delivery-system electronic-nicotine-delivery-systems fda-regulation menthol-flavoring premarket-tobacco-application premarket-tobacco-product-application retroactive-rulemaking retroactive-standard |
1. Whether the Food and Drug Administration's ("FDA") creation of a new, heightened standard for evaluating already-pending premarket tobacco product … |
| 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. |
| 23-1038 |
Food and Drug Administration v. Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. |
Fifth Circuit |
2024-03-19 |
Judgment Issued |
Amici (17)Relisted (2) |
administrative-law agency-decision agency-deference arbitrary-and-capricious e-cigarettes fda-regulation interstate-commerce public-health tobacco-control tobacco-regulation |
Whether the court of appeals erred in setting aside FDA's denial orders as arbitrary and capricious. |
| 23-871 |
Lotus Vaping Technologies, LLC v. Food and Drug Administration |
Ninth Circuit |
2024-02-13 |
Denied |
Amici (2)Relisted (4) |
administrative-procedure-act arbitrary-and-capricious circuit-split comparative-efficacy electronic-nicotine-delivery-systems fair-warning flavored-products food-and-drug-administration marketing-applications |
Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious where FDA based the denial solely on a prev… |
| 23-799 |
Magellan Technology, Inc. v. Food and Drug Administration |
Second Circuit |
2024-01-24 |
Denied |
Amici (1)Relisted (4) |
administrative-procedure-act agency-rulemaking arbitrary-and-capricious circuit-split comparative-efficacy electronic-nicotine-delivery-systems ends-products fda-regulation marketing-authorization reliance-interests youth-access |
Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious where FDA based the denial solely on a prev… |
| 23-667 |
Blair Coleman v. Frank Kendall, Secretary of the Air Force |
Fourth Circuit |
2023-12-20 |
Denied |
Response Waived |
10-usc-1210 administrative-law arbitrary-and-capricious disability-rating medical-examination military-procedure physical-disability-board-of-review temporary-disability-retired-list veterans-benefits veterans-disability |
The United States Court of Appeals for the Fourth Circuit held that a veteran who was constructively and retroactively placed on the Temporary Disabil… |
| 23A421 |
Magellan Technology, Inc. v. Food and Drug Administration |
Second Circuit |
2023-11-15 |
Presumed Complete |
|
administrative-law arbitrary-and-capricious circuit-split evidentiary-standards fair-notice fda-regulation |
Question not identified. |
| 22-1112 |
Avail Vapor, LLC, et al. v. Food and Drug Administration |
Fourth Circuit |
2023-05-15 |
Denied |
Amici (3)Relisted (2) |
administrative-law administrative-procedure-act arbitrary-and-capricious evidence-standard evidentiary-standard fda fda-regulation marketing-authorization premarket-applications tobacco-product-regulation tobacco-products |
In 2016, FDA extended its jurisdiction over "tobacco
products" under the Federal Food, Drug, and Cosmetic
Act to electronic nicotine delivery system… |
| 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… |
| 22-565 |
USP Holdings, Inc., et al. v. United States, et al. |
Federal Circuit |
2022-12-20 |
Denied |
|
administrative-procedure-act agency-action arbitrary-and-capricious judicial-review national-security section-232 tariff-authority trade-expansion-act |
1. Did the Federal Circuit err in holding that the
Secretary's "final agency action" which determined that
imports of steel "threaten to impair the na… |
| 22-5978 |
Richard R. Crawford v. United States |
Sixth Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
arbitrary-and-capricious arbitrary-capricious certificate-of-appealability constitutional-rights criminal-procedure detention-versus-arrest due-process evidentiary-hearing sworn-testimony |
WHETHER A DETERMINATION BY THE LOWER COURTS THAT THE
OFFICERS ONLY DETAINED THE PETITIONER, AND NOT ARRESTED HIM,
WHICH FINDING WAS IN DIRECT CONFLICT… |
| 22-351 |
Charles Simon v. Department of Justice, et al. |
Seventh Circuit |
2022-10-14 |
Denied |
Response WaivedRelisted (2) |
administrative-procedure administrative-procedure-act arbitrary-and-capricious arbitrary-capricious civil-rights due-process inmate-compensation judicial-review standing |
1. Whether the Lower Courts ' unconstitutional
procedural departure conflicts with the prerequisite
demand pursuant several holding of United States… |
| 22-5556 |
Mehmet Ali Whicker v. Washington |
Washington |
2022-09-12 |
Denied |
IFP |
arbitrary-action arbitrary-and-capricious civil-procedure constitutional-rights due-process extraordinary-circumstances jury-instructions legal-procedure standing state-court sua-sponte |
Should fay Codr-J- bi fa/o^ocd h
facets fa fa
perceived fap/faAbno?do a/A -0 AmiVCS jury (juJesA'am b/
fa <u ^j/efaon
cj.J (jd) h ie kit5 rich! Ac d… |
| 21-7809 |
Urshawn Eric Miller v. Tennessee |
Tennessee |
2022-05-09 |
Denied |
IFP |
arbitrary-and-capricious arbitrary-capricious capital-punishment comparative-proportionality-review death-penalty due-process eighth-amendment proportionality-review sentencing-review |
Whether Tennessee's comparative proportionality review, the state's chosen safeguard against arbitrary and capricious imposition of the death penalty,… |
| 21-1041 |
Michael J. P. v. Blue Cross and Blue Shield of Texas, et al. |
Fifth Circuit |
2022-01-26 |
Denied |
Response Waived |
arbitrary-and-capricious benefit-eligibility erisa firestone-v-bruch judicial-review metro-life-v-glenn plan-administrator plan-administrator-discretion standard-of-review substantial-evidence |
1. Whether the Supreme Court's dicta in Firestone Tire and Rubber Co v. Bruch , 489 U.S. 101, 109 S. Ct. 948, 103 L. Ed. 2d 80 (1989) and the Supreme … |
| 21-915 |
Hugh McKinney v. Christine Wormuth, Secretary of the Army |
District of Columbia |
2021-12-21 |
Denied |
Response Waived |
administrative-procedure-act agency-action arbitrary-and-capricious civilian-board deference judicial-review military-records standard-of-review |
Whether a civilian board's administrative decisions concerning the correction of military records pursuant to 10 U.S.C. § 1552(a)(1) are properly revi… |
| 21-6660 |
Joshua Vance Jones v. Emily Ridder, et al. |
Sixth Circuit |
2021-12-20 |
Denied |
IFP |
appellate-review arbitrary-and-capricious civil-procedure constitutional-rights court-procedure due-process legal-remedy procedural-due-process standing summary-judgment untimely-filing |
1. Did the Appellate Court err when acting in direct violation of the facts of the case, the Rules of the
Court, and the codified laws of the United … |
| 21-589 |
Said Rum v. United States |
Eleventh Circuit |
2021-10-22 |
Denied |
Response Waived |
administrative-law agency-action agency-review arbitrary-and-capricious due-process factfinding-procedures fbar-penalties reporting-requirements standard-of-review willfulness |
This Court established the standards of review for agency actions in Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971). Courts are limit… |
| 20-1785 |
Ronald W. Ogle, et al. v. Sevier County Regional Planning Commission, et al. |
Sixth Circuit |
2021-06-23 |
Denied |
Response Waived |
arbitrary-and-capricious board-of-regents-v-roth due-process entitlement-test fourteenth-amendment land-development property-interest regional-planning substantive-due-process |
Whether initial approval in a land development scheme creates a legitimate
claim of entitlement for the purpose of establishing a property interest th… |
| 20-1535 |
Kevin Diaz v. Ashley Johnson |
First Circuit |
2021-05-04 |
Denied |
Response Waived |
administrative-action administrative-procedure-act agency-action apa arbitrary-and-capricious chevron-deference ex-parte-communication ex-parte-communications judicial-review statutory-interpretation technology tucker-act |
1. Whether the Lower Court erred in not admitting nexus evidence for administrative action taken under the jurisdiction of §§ 702 706 of the APA imple… |
| 20-1248 |
Kyle Kinzy, et ux. v. First Tennessee Bank, N.A. |
Illinois |
2021-03-09 |
Denied |
|
arbitrary-and-capricious due-process electronic-filing filing-requirements state-official substantive-due-process |
1. Whether a state official arbitrarily and capriciously violates substantive due process by rejecting a timely electronic filing merely because attac… |
| 20-784 |
Jeffry Schmidt v. Kenneth J. Braithwaite, Secretary of the Navy |
District of Columbia |
2020-12-08 |
Denied |
Response Waived |
administrative-review arbitrary-and-capricious arbitrary-capricious-standard disability-evaluation disability-ratings judicial-notice medical-evidence military-compensation military-disability new-and-material-evidence veterans-affairs veterans-disability |
1. Did Federal Circuits, including the U.S. Court of Appeals for the District of Columbia Circuit, Refuse to Recognize that the U.S. Military and the … |
| 20-429 |
American Medical Association, et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
Ninth Circuit |
2020-10-05 |
Granted |
Relisted (3) |
administrative-law affordable-care-act arbitrary-and-capricious family-planning free-speech hhs-rule medical-ethics patient-communication reproductive-health title-x |
1. Whether the Rule is arbitrary and capricious.
2. Whether the Rule violates the Title X appropriations act, which requires that "all pregnancy coun… |
| 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… |
| 19-8742 |
Harold Wayne Nichols v. Tennessee |
Tennessee |
2020-06-18 |
Denied |
IFP |
arbitrary-and-capricious death-penalty death-sentence eighth-amendment fourteenth-amendment judicial-override prior-felony-aggravator settlement-agreement vagueness-doctrine |
The death sentence in this case is supported by only one aggravating circumstance, Tennessee's prior violent felony conviction aggravator. The elected… |
| 19-1231 |
Federal Communications Commission, et al. v. Prometheus Radio Project, et al. |
Third Circuit |
2020-04-20 |
Judgment Issued |
Response Waived |
administrative-law agency-deference arbitrary-and-capricious broadcast-media competition cross-ownership-restrictions fcc fcc-ownership-rules market-competition market-conditions regulatory-review telecommunications-act telecommunications-act-1996 telecommunications-act-of-1996 viewpoint-diversity |
Whether the court of appeals erred in vacating as arbitrary and capricious the FCC orders under review, which, among other things, relaxed the agency'… |
| 19-1119 |
Sauk Prairie Conservation Alliance v. Department of the Interior, et al. |
Seventh Circuit |
2020-03-13 |
Denied |
Response Waived |
administrative-law administrative-services arbitrary-and-capricious environmental-policy federal-property federal-property-and-administrative-services-act military-helicopter-training military-training national-environmental-policy-act national-park-service recreation secretary-of-the-interior standard-of-review statutory-interpretation |
Did the Seventh Circuit err in concluding that the National Park Service's approval of military helicopter training exercises on property conveyed for… |
| 19-7880 |
Nathaniel Woods v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. |
Eleventh Circuit |
2020-03-05 |
Denied |
IFP |
arbitrary-and-capricious arbitrary-discrimination arbitrary-punishment death-penalty due-process eighth-amendment equal-protection execution-method nitrogen-hypoxia suppressed-information |
1. Does the Eighth Amendment apply only to imposition of a death sentence, as the Eleventh Circuit held, or may a petitioner challenge, as arbitrary a… |
| 19-7801 |
James Benjamin Barstad v. Washington Department of Corrections, et al. |
Ninth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
arbitrary-and-capricious civil-rights constitutional-violation contract contract-breach due-process equal-protection inmate-rights punishment sandin-v-conner state-sanctions |
1) When STATE OF WASHINGTON repeatedly imposes sanctions back-to-back, i.e. , when
'temporary" restrictions become perpetual through various schemes,… |
| 19-7393 |
In Re David Gulbrandson |
|
2020-01-23 |
Denied |
IFP |
arbitrary-and-capricious death-penalty standing state-law successive-petition arbitrary-and-capricious death-penalty due-process habeas-corpus ninth-circuit second-successive-petition state-law state-law-application successive-petition |
Whether transfer to the district court for a hearing pursuant to this Court's original habeas jurisdiction is warranted in this exceptional case where… |
| 19-796 |
Michael Cowels, et al. v. Federal Bureau of Investigation, et al. |
First Circuit |
2019-12-20 |
Denied |
Response Waived |
administrative-procedure-act agency-review arbitrary-and-capricious civil-rights dna-profile due-process fbi-determination federal-bureau-of-investigation national-dna-index-system pretext pretextual-basis pretextual-determination |
1. Whether a determination by the Federal Bureau of Investigation (the "FBI") that a DNA profile is ineligible for upload to the National DNA Index Sy… |
| 19-6278 |
Kenneth Lyle Spangle v. United States |
Ninth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
18-usc-2113 18-usc-924 arbitrary-and-capricious bank-robbery categorical-approach certificate-of-appealability crime-of-violence due-process federal-bank-robbery fifth-amendment meaningful-review |
Whether the Circuit's decision to deny a certificate of appealability without any analysis or explanation for its decision at all was so arbitrary and… |
| 19-86 |
Maria Jordan v. Director, Office of Workers' Compensation Programs, Department of Labor, et al. |
Fifth Circuit |
2019-07-16 |
Denied |
Response Waived |
administrative-procedure-act agency-adjudication appellate-procedure arbitrary-and-capricious constitutional-law constitutional-rights due-process judicial-review |
1. Whether the Administrative Procedure Act, as applied to Petitioner by the Fifth Circuit, is unconstitutional.
2. Whether, when dismissing a petiti… |
| 18-9709 |
Angie Walker v. United States |
Ninth Circuit |
2019-06-18 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion administrative-law agency-action arbitrary-and-capricious due-process judicial-review legal-accountability obstruction-of-justice standard-of-review |
How is justice being served when the standard of review is not adhered to? When there is abuse of discretion?
The Question is: When Justices obstruct… |
| 18-9056 |
Calvin D. Fox v. The Florida Bar |
Florida |
2019-05-01 |
Denied |
Response WaivedIFP |
arbitrary-and-capricious attorney-privilege constitutional-rights disciplinary-counsel-misconduct due-process equal-protection florida-bar florida-bar-trust-accounting-rules legal-privilege trust-accounting |
The due process clause of the Fourteenth Amendment to the United States Constitution provides that:
"No State shall. . .deprive any person of life, l… |
| 18-1348 |
Orion Insurance Group, et al. v. Washington State Office of Minority & Women's Business Enterprises, et al. |
Ninth Circuit |
2019-04-26 |
Denied |
Response Waived |
arbitrary-and-capricious burden-shifting-test deference disadvantaged-business-enterprise discrimination-law federal-agency federal-agency-deference federal-program full-faith-and-credit minority-certification minority-group-membership state-agency state-agency-determination state-program vagueness |
1. Whether a federal agency determining whether
an individual is a member of a minority group for
purposes of inclusion in a federal program should gi… |
| 18-1332 |
Mario Alberto Recinos v. Board of Trustees, Police and Firemen's Retirement System |
New Jersey |
2019-04-22 |
Denied |
Response Waived |
administrative-law arbitrary-and-capricious arbitrary-capricious-decision break-in-service civil-rights constitutional-rights due-process evidentiary-hearing pension pension-benefits pension-rights police-and-fireman-retirement-system retirement-benefits retirement-system undersheriff-position |
1)
Should certiorari be granted as an important
question of federal law that should be settled by
this Court exists as the petitioner Mario Alberto
Re… |
| 18-8175 |
Wessley J. Gunchick v. Bank of America, N.A. |
Seventh Circuit |
2019-02-28 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-procedure arbitrary-and-capricious civil-procedure contract-law due-process employment-contract employment-dispute erisa erisa-standards legal-precedent standing |
Did Respondent Bank Of America present any court case that would have allowed for a full due process to be fullfilled with the case at hand of Wessley… |
| 18-8173 |
Ruben R. Herrera v. Brandon Price |
Ninth Circuit |
2019-02-28 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment arbitrary-and-capricious civil-rights collateral-estoppel double-jeopardy due-process fifth-amendment fourteenth-amendment plea-agreement pre-trial-detention |
CLAIMS FOR RELIEF
A. CLAIM ONE: PETITIONER'S PRE-TRIAL DETENTION AGAINST HIS FIFTH AND AND FOURTEENTH AMENDMENT RIGHT AGAINS DOUBLE JEOPARDY.
Becaus… |
| 18-7999 |
Raoul A. Galan v. Larry Gegenheimer, et al. |
Fifth Circuit |
2019-02-15 |
Denied |
Relisted (2)IFP |
abuse-of-discretion administrative-law arbitrary-and-capricious civil-procedure civil-rights constitutional-rights discrimination due-process judicial-discretion procedural-error racial-discrimination standing |
Said writ of certiorari presents a simple question, regarding issues that began in 1987 and are present today. Were the lower courts manipulated by in… |
| 18-7359 |
Billy Joe Greenwood v. Tennessee Board of Parole |
Tennessee |
2019-01-10 |
Denied |
Response WaivedIFP |
arbitrary-and-capricious civil-rights discrimination discriminatory and illegal application of its par due-process hence causing them to serve more time than those parole violate the equal-protection arbitrary-and-capricious constitutional-rights discrimination discriminatory-application due-process equal-protection judicial-review offense-severity parole parole-system sentencing |
Does Tennessee's arbitrary, discriminatory and illegal application of its parole review and release consideration utilizing the seriousness of the off… |
| 18-722 |
Soundboard Association v. Federal Trade Commission |
District of Columbia |
2018-12-06 |
Denied |
Amici (3)Relisted (4) |
administrative-procedure administrative-procedure-act agency-rulemaking arbitrary-and-capricious chilled-speech chilling-effect federal-trade-commission judicial-review protected-speech rulemaking staff-advisory-opinion |
Do Petitioners have a right to judicial review
under the Administrative Procedure Act of a Federal
Trade Commission staff advisory opinion that effect… |
| 18-388 |
Nigel Parker, et al. v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office |
Federal Circuit |
2018-09-26 |
Denied |
Response Waived |
5-usc-706(2)(e) administrative-law administrative-procedure agency-action agency-overreach arbitrary-and-capricious patent patent-law patent-office patent-office-rejection publication publication-standard publication-under-35-usc-102(b) record-evidence substantial-evidence |
In Dickinson v. Zurko, 527 U.S. 150 (1999), this Court held that The United States Patent Office must support rejection with substantial evidence. See… |
| 18-376 |
Lisa Partin, et vir v. Michigan Children's Institute |
Michigan |
2018-09-24 |
Denied |
|
administrative-law adoption arbitrary-and-capricious best-interest best-interest-factors child-protective-services civil-procedure civil-rights constitutional-rights due-process family-law michigan-adoption-code parental-rights standing |
Whether Michigan Adoption Code MCL 710.45 violates Petitioners' Constitutional right to due process when it requires Petitioners to prove too much bur… |
| 18-5703 |
Joshua D. Blair v. Virginia Department of Corrections |
Fourth Circuit |
2018-08-22 |
Denied |
IFP |
appeals arbitrary-and-capricious civil-procedure civil-rights due-process jurisdiction martinez-v-ryan procedural-defect standing |
Question not identified. |
| 18-139 |
Thomas E. Freeman, Jr. v. North Carolina Department of Health and Human Services |
North Carolina |
2018-07-31 |
Denied |
Response WaivedRelisted (2) |
administrative-law administrative-procedure agency-authority arbitrary-and-capricious civil-rights due-process equal-justice equal-protection exceeded-authority judicial-review prejudiced-rights procedural-rights state-action state-agency state-employee |
May a court deny due-process of Law and equal justice under the Law of a State employee, when it is suspected that a State agency, may have: prejudice… |