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Collins v. Yellen

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-422 5th Cir. Dec 9, 2020 TBD TBD TBD OT 2020

Issues: (1) Whether the Federal Housing Finance Agency’s structure violates the separation of powers; and (2) whether the courts must set aside a final agency action that FHFA took when it was unconstitutionally structured and strike down the statutory provisions that make FHFA independent.

DateProceedings and Orders (key to color coding)
Sep 25 2019Petition for a writ of certiorari filed. (Response due October 30, 2019)
Oct 30 2019Brief of respondents Mnuchin, Steven T., et al. in opposition filed.
Oct 30 2019Brief amicus curiae of Blackwells Capital LLC filed.
Nov 12 2019Reply of petitioners Patrick J. Collins, et al. filed.
Dec 11 2019DISTRIBUTED for Conference of 1/10/2020.
Jun 29 2020DISTRIBUTED for Conference of 7/1/2020.
Jul 08 2020DISTRIBUTED for Conference of 7/8/2020.
Jul 09 2020Petition 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 2020Because 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 2020Aaron 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 2020Joint appendix filed. VIDED.
Aug 17 2020Brief of Federal Parties filed. (in 19-563)
Aug 18 2020Mnuchin, 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 2020Blanket Consent filed by Mnuchin, Steven T., et al. VIDED.
Sep 15 2020Blanket Consent filed by Petitioner, Patrick J. Collins, et al.
Sep 16 2020SET FOR ARGUMENT on Wednesday, December 9, 2020. VIDED.
Sep 16 2020Brief of Patrick J. Collins, et al. filed. VIDED.
Sep 22 2020Brief amicus curiae of Timothy Howard filed. VIDED.
Sep 23 2020Brief amicus curiae of New Civil Liberties Alliance filed.
Sep 23 2020Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
Sep 23 2020Brief amici curiae of Institutional Investors in Fannie Mae and Freddie Mac filed. VIDED.
Sep 23 2020Brief amicus curiae of Thomas P. Vartanian filed. VIDED.
Sep 23 2020Brief amici curiae of Scholars filed. VIDED.
Sep 23 2020Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Sep 23 2020Brief amici curiae of Bryndon Fisher, et al. in support of neither party filed.(in 19-563)
Oct 08 2020Record requested from the U.S.C.A. 5th Circuit.
Oct 14 2020Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 16 2020Brief of Court-appointed amicus curiae filed. VIDED
Oct 23 2020Reply and Response Brief for the Federal Parties filed. VIDED. (Distributed)
Oct 27 2020CIRCULATED
Oct 30 2020Motion for enlargement of time for oral argument and for divided argument filed by the Acting Solicitor General. VIDED.
Oct 30 2020Brief amicus curiae of Constitutional Accountability Center filed. VIDED (Distributed)
Oct 30 2020Brief amicus curiae of Professor John Harrison filed. (Distributed)
Oct 30 2020Brief amicus curiae of Jed H. Shugerman filed. VIDED. (Distributed)
Nov 09 2020Motion 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 2020Reply of petitioners Patrick J. Collins, et al. filed. VIDED. (Distributed)
Dec 09 2020Argued. 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 2021Letter 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 2021Letter in response of Patrick J. Collins, et al. filed. VIDED. (Distributed)