Gordon v. Consumer Financial Protection Bureau

Petition for certiorari denied on June 26, 2017
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Issues: (1) Whether a federal official may retroactively ratify an ultra vires government action when: (a) no federal official was authorized to perform the act at the time it was initially undertaken; (b) the purported ratification does not include an examination of any facts related to the act performed; or (c) the ratification purports to encompass not only the initial act but also federal court rulings entered in response to the act; and (2) whether federal courts possess subject-matter jurisdiction under Article III of the Constitution to hear a case filed at the behest of an individual who, from the time suit was filed until judgment was entered, lacked authority to vindicate the executive branch's interest in seeing that the law is obeyed.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 20 2016Application (16A295) to extend the time to file a petition for a writ of certiorari from October 18, 2016 to November 17, 2016, submitted to Justice Kennedy.
Sep 22 2016Application (16A295) granted by Justice Kennedy extending the time to file until November 17, 2016.
Nov 17 2016Petition for a writ of certiorari filed. (Response due December 22, 2016)
Nov 29 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Dec 15 2016Order extending time to file response to petition to and including January 23, 2017.
Dec 20 2016Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Dec 22 2016Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Dec 22 2016Brief amicus curiae of The Cato Institute filed.
Jan 13 2017Order further extending time to file response to petition to and including February 22, 2017.
Feb 16 2017Order further extending time to file response to petition to and including March 24, 2017.
Mar 27 2017Order further extending time to file response to petition to and including April 24, 2017.
Apr 24 2017Brief of respondent Consumer Financial Protection Bureau in opposition filed.
May 8 2017Reply of petitioner Chance E. Gordon filed.
May 9 2017DISTRIBUTED for Conference of May 25, 2017.
May 25 2017Rescheduled.
May 30 2017DISTRIBUTED for Conference of June 1, 2017.
May 31 2017Rescheduled.
Jun 5 2017DISTRIBUTED for Conference of June 8, 2017.
Jun 7 2017Rescheduled.
Jun 12 2017DISTRIBUTED for Conference of June 15, 2017.
Jun 14 2017Rescheduled.
Jun 19 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017Petition DENIED. Justice Kennedy took no part in the consideration or decision of this petition.

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