article-ii

19 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6255 Aaron J. Thorpe v. United States District of Columbia 2025-11-26 Denied Response WaivedIFP article-ii criminal-procedure executive-power final-conviction prosecutorial-discretion separation-of-powers In our constitutional system of separated powers, Article II vests the Executive Branch with the plenary authority to initiate and terminate criminal …
25A264 Donald J. Trump, President of the United States, et al. v. Rebecca Kelly Slaughter, et al. District of Columbia 2025-09-04 Presumed Complete Amici (4) administrative-agency article-ii executive-power federal-trade-commission presidential-removal separation-of-powers Question not identified.
24-943 Fares Jeries Rabadi v. Drug Enforcement Administration, et al. Ninth Circuit 2025-03-03 Denied administrative-law article-ii dea-judges removal-power separation-of-powers take-care-clause Whether the Drug Enforcement Administration ("DEA")'s Administrative Law Judges ("ALJs") are unconstitutionally insulated from removal in violation of…
24A790 Scott Bessent, Secretary of the Treasury, et al. v. Hampton Dellinger, Special Counsel of the Office of Special Counsel District of Columbia 2025-02-18 Denied Amici (4) agency-independence article-ii constitutional-structure executive-removal prosecutorial-discretion separation-of-powers Question not identified.
24-6129 In Re Jason Clark 2024-12-12 Denied Response WaivedIFP article-ii categorical-approach federal-prosecution mandamus-writ sentencing-enhancement statutory-interpretation 1) Can Petitioner be denied Categorical approach relief on his 18 USCS 924, enhanced sentence under United States v. Taylor? 2) Can the US Attorney p…
23-1323 Consumers' Research, et al. v. Consumer Product Safety Commission Fifth Circuit 2024-06-18 Denied Amici (11)Relisted (3) administrative-agencies administrative-law agency-structure article-ii civil-procedure constitutional-law executive-power executive-removal humphreys-executor presidential-authority separation-of-powers Whether the for-cause restriction on the President's authority to remove Commissioners of the Consumer Product Safety Commission violates the separati…
23A591 Jeffri Dávila-Reyes v. United States First Circuit 2023-12-27 Presumed Complete article-ii circuit-split constitutional-error guilty-plea maritime-drug-law subject-matter-jurisdiction Question not identified.
22-859 Securities and Exchange Commission v. George R. Jarkesy, Jr., et al. Fifth Circuit 2023-03-09 Judgment Issued Amici (36)Relisted (2) administrative-enforcement administrative-law article-ii civil-penalties civil-rights due-process enforcement nondelegation-doctrine sec-proceedings securities seventh-amendment 1. Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement procee…
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 …
21-7382 Adolfo Huerta v. United States Fifth Circuit 2022-03-16 Denied Response WaivedIFP article-ii constitutional-law due-process inpatient-treatment judicial-authority non-delegation probation-officer supervised-release treatment-program Does a supervised release condition imposing "inpatient or outpatient" participation in a treatment program constitute an impermissible delegation of …
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.
20-1503 Robert C. Laity v. Kamala D. Harris District of Columbia 2021-04-28 Denied Response Waived 12th-amendment article-ii constitutional-eligibility executive-office judicial-review natural-born-citizen quo-warranto standing standing-doctrine usurpation The U.S. Constitution requires that a President and Vice-President of the United States be a "Natural Born Citizen" of the United States pursuant to A…
20-882 Donald J. Trump, et al. v. Joseph R. Biden, et al. Wisconsin 2021-01-04 Denied Response Waived absentee-ballot article-ii constitutional-interpretation election-law first-amendment fourteenth-amendment judicial-review laches legislative-intent state-courts voter-fraud wisconsin-legislature 1. Whether it violates Article II of the Constitution, as well as the First and Fourteenth Amendments, for state courts, on review of a post-election …
20-845 Donald J. Trump for President, Inc. v. Veronica Degraffenreid, Acting Secretary of Pennsylvania, et al. Pennsylvania 2020-12-23 Denied Amici (4)Response Waived article-ii constitutional-interpretation due-process election-integrity election-law equal-protection legislative-authority mail-ballot presidential-election Article II of the Constitution provides that "Each State shall appoint [electors for President and Vice President] in such Manner as the Legislature t…
20-404 In Re John Masiz 2020-09-28 Denied 5th-amendment article-ii article-iii civil-rights consent-decree due-process fifth-amendment securities-law sua-sponte This matter concerns the constitutional limits on the authority of the federal court to exercise, sua sponte, in the absence of a case or controversy …
19-635 Donald J. Trump v. Cyrus R. Vance, Jr., in His Official Capacity as District Attorney of the County of New York, et al. Second Circuit 2019-11-18 Judgment Issued Amici (13)Response Waived article-2 article-ii article-two constitutional-law criminal-investigation executive-power grand-jury-subpoena immunity president presidential-immunity separation-of-powers subpoena supremacy-clause The District Attorney for the County of New York is conducting a criminal investigation that, by his own admission, targets the President of the Unite…
19-518 Colorado Department of State v. Micheal Baca, et al. Tenth Circuit 2019-10-21 Judgment Issued Amici (12)Relisted (2) article-ii civil-rights constitution constitutional-rights due-process elections electoral-college federalism popular-vote presidential-electors standing standing-presidential-electors-state-officers state-law twelfth-amendment 1. Whether a presidential elector who is prevented by their appointing State from casting an Electoral College ballot that violates state law lacks st…
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.
18-1018 Andrew Bennett, et al. v. Jefferson County, Alabama Eleventh Circuit 2019-02-04 Denied Response Waived article-ii article-iii-review bankruptcy-jurisdiction civil-rights due-process equitable-mootness federalism municipal-utilities plan-of-adjustment ratemaking-authority sewer-user-rates standing takings tenth-amendment 1. May the doctrine of equitable mootness bar an appeal to an Article III Judg e of a Plan of Adjustment providing for ratemaking enforcement authorit…