|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-422||5th Cir.||Dec 9, 2020||Jun 23, 2021||7-2||Alito||OT 2020|
Holding: Because the Federal Housing Finance Agency did not exceed its authority under the Housing and Economic Recovery Act of 2008 as a conservator of Fannie Mae and Freddie Mac, the anti-injunction provisions of the Recovery Act bar the statutory claim brought by shareholders of those entities; the Recovery Act’s structure, which restricts the President’s power to remove the FHFA director, violates the separation of powers.
Judgment: Affirmed in part, reversed in part, vacated in part and remanded, 7-2, in an opinion by Justice Alito on June 23, 2021. Justice Gorsuch joined the opinion as to all but Part III–C, Justices Kagan and Breyer joined as to all but Part III–B, and Justice Sotomayor joined as to Parts I, II, and III–C. Justice Thomas filed a concurring opinion. Justice Gorsuch filed an opinion concurring in part. Justice Kagan filed an opinion concurring in part and concurring in the judgment, in which Justices Breyer and Sotomayor joined as to Part II. Justice Sotomayor filed an opinion concurring in part and dissenting in part, in which Justice Breyer joined.
|Date||Proceedings and Orders |
|Sep 25 2019||Petition for a writ of certiorari filed. (Response due October 30, 2019)|
|Oct 30 2019||Brief of respondents Mnuchin, Steven T., et al. in opposition filed.|
|Oct 30 2019||Brief amicus curiae of Blackwells Capital LLC filed.|
|Nov 12 2019||Reply of petitioners Patrick J. Collins, et al. filed.|
|Dec 11 2019||DISTRIBUTED for Conference of 1/10/2020.|
|Jun 29 2020||DISTRIBUTED for Conference of 7/1/2020.|
|Jul 08 2020||DISTRIBUTED for Conference of 7/8/2020.|
|Jul 09 2020||Petition GRANTED. The petition for a writ of certiorari in No. 19-563 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.|
|Jul 09 2020||Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-422. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-422. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”|
|Aug 17 2020||Aaron Nielson, Esquire, of Provo, Utah, is invited to brief and argue, as amicus curiae, in support of the position that the structure of the Federal Housing Finance Agency does not violate the separation of powers. VIDED.|
|Aug 17 2020||Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.|
|Aug 17 2020||Brief of Federal Parties filed. (in 19-563)|
|Aug 18 2020||Mnuchin, et al., shall file an opening brief on the questions presented by the petition in No. 19-563, limited to 13,000 words, by Monday, August 17, 2020. Collins, et al., shall file a consolidated response in No. 19-563 and opening brief in No. 19-422, limited to 20,000 words, by Wednesday, September 16, 2020. That brief shall bear a light red cover. The Court-appointed amicus curiae shall file a brief, limited to 13,000 words, by Friday, October 16, 2020. That brief shall bear a dark green cover. Mnuchin, et al., shall file a consolidated reply and response brief, limited to 13,000 words, by Friday, October 23, 2020. Collins, et al., shall file a consolidated reply and response brief to brief of Court-appointed amicus curiae, limited to 6,000 words, by Monday, November 23, 2020. That brief shall bear a tan cover. The brief of any amicus curiae in support of Collins, et al., or in support of neither set of parties, shall be filed by Wednesday, September 23, 2020. Those briefs shall bear a light green cover. The brief of any amicus curiae in support of Mnuchin, et al., or in support of Court-appointed amicus curiae, shall be filed by Friday, October 30, 2020. Those briefs shall bear a dark green cover. VIDED.|
|Aug 19 2020||Blanket Consent filed by Mnuchin, Steven T., et al. VIDED.|
|Sep 15 2020||Blanket Consent filed by Petitioner, Patrick J. Collins, et al.|
|Sep 16 2020||SET FOR ARGUMENT on Wednesday, December 9, 2020. VIDED.|
|Sep 16 2020||Brief of Patrick J. Collins, et al. filed. VIDED.|
|Sep 22 2020||Brief amicus curiae of Timothy Howard filed. VIDED.|
|Sep 23 2020||Brief amicus curiae of New Civil Liberties Alliance filed.|
|Sep 23 2020||Brief amicus curiae of Pacific Legal Foundation filed. VIDED.|
|Sep 23 2020||Brief amici curiae of Institutional Investors in Fannie Mae and Freddie Mac filed. VIDED.|
|Sep 23 2020||Brief amicus curiae of Thomas P. Vartanian filed. VIDED.|
|Sep 23 2020||Brief amici curiae of Scholars filed. VIDED.|
|Sep 23 2020||Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.|
|Sep 23 2020||Brief amici curiae of Bryndon Fisher, et al. in support of neither party filed.(in 19-563)|
|Oct 08 2020||Record requested from the U.S.C.A. 5th Circuit.|
|Oct 14 2020||Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.|
|Oct 16 2020||Brief of Court-appointed amicus curiae filed. VIDED|
|Oct 23 2020||Reply and Response Brief for the Federal Parties filed. VIDED. (Distributed)|
|Oct 27 2020||CIRCULATED|
|Oct 30 2020||Motion for enlargement of time for oral argument and for divided argument filed by the Acting Solicitor General. VIDED.|
|Oct 30 2020||Brief amicus curiae of Constitutional Accountability Center filed. VIDED (Distributed)|
|Oct 30 2020||Brief amicus curiae of Professor John Harrison filed. (Distributed)|
|Oct 30 2020||Brief amicus curiae of Jed H. Shugerman filed. VIDED. (Distributed)|
|Nov 09 2020||Motion of the Acting Solicitor General for enlargement of time for oral argument and for divided argument GRANTED, and the time is allotted as follows: 35 minutes for the Acting Solicitor General, 15 minutes for the Court-appointed amicus curiae, and 40 minutes for Patrick Collins, et al. VIDED.|
|Nov 19 2020||Reply of petitioners Patrick J. Collins, et al. filed. VIDED. (Distributed)|
|Dec 09 2020||Argued. For federal parties: Hashim M. Mooppan, Counselor to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: Aaron L. Nielson, Provo, Utah. For petitioners in 19-422 & respondents in 19-563: David H. Thompson, Washington, D. C. VIDED.|
|Mar 18 2021||Letter of the federal parties notifying the Court of amendments to the Preferred Stock Purchase Agreements between Treasury and FHFA on behalf of Fannie Mae and Freddie Mac filed. VIDED. (Distributed)|
|Mar 31 2021||Letter in response of Patrick J. Collins, et al. filed. VIDED. (Distributed)|
|Jun 23 2021||Adjudged to be AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART, and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Kavanaugh, and Barrett, JJ., joined in full; in which Kagan and Breyer, JJ., joined as to all but Part III–B; in which Gorsuch, J., joined as to all but Part III–C; and in which Sotomayor, J., joined as to Parts I, II, and III–C. Thomas, J., filed a concurring opinion. Gorsuch, J., filed an opinion concurring in part. Kagan, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer and Sotomayor, JJ., joined as to Part II. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Breyer, J., joined. VIDED.|
|Jul 26 2021||JUDGMENT ISSUED.|
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