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Donziger v. United States

Petition for certiorari denied on March 27, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-274 2nd Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether Federal Rule of Criminal Procedure 42(a)(2) authorizes judicial appointments of inferior executive officers; and (2) if so, whether such appointments violate the appointments clause in Article II, Section 2 of the Constitution.

DateProceedings and Orders (key to color coding)
Sep 20 2022Petition for a writ of certiorari filed. (Response due October 24, 2022)
Sep 29 2022Waiver of right of respondent United States to respond filed.
Oct 05 2022DISTRIBUTED for Conference of 10/28/2022.
Oct 17 2022Response Requested. (Due November 16, 2022)
Nov 09 2022Motion to extend the time to file a response from November 16, 2022 to December 16, 2022, submitted to The Clerk.
Nov 10 2022Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2022.
Nov 16 2022Brief amicus curiae of Professor Jennifer L. Mascott filed.
Dec 16 2022Brief of respondent United States in opposition filed.
Dec 27 2022Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Dec 27 2022Reply of petitioner Steven Donziger filed. (Distributed)
Dec 28 2022DISTRIBUTED for Conference of 1/13/2023.
Jan 10 2023Rescheduled.
Jan 17 2023DISTRIBUTED for Conference of 1/20/2023.
Feb 10 2023DISTRIBUTED for Conference of 2/17/2023.
Feb 21 2023DISTRIBUTED for Conference of 2/24/2023.
Feb 27 2023DISTRIBUTED for Conference of 3/3/2023.
Mar 13 2023DISTRIBUTED for Conference of 3/17/2023.
Mar 20 2023DISTRIBUTED for Conference of 3/24/2023.
Mar 27 2023Petition DENIED. Justice Gorsuch, with whom Justice Kavanaugh joins, dissenting from the denial of certiorari. (Detached Opinion)