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Gordon v. Consumer Financial Protection Bureau

Pending petition

Docket No. Argument Opinion Vote Author Term
16-673 TBD TBD TBD TBD TBD

Issue: (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 (key to color coding)
09/20/2016Application (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.
09/22/2016Application (16A295) granted by Justice Kennedy extending the time to file until November 17, 2016.
11/17/2016Petition for a writ of certiorari filed. (Response due December 22, 2016)
11/29/2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
12/15/2016Order extending time to file response to petition to and including January 23, 2017.
12/20/2016Brief amicus curiae of Center for Constitutional Jurisprudence filed.
12/22/2016Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
12/22/2016Brief amicus curiae of The Cato Institute filed.
01/13/2017Order further extending time to file response to petition to and including February 22, 2017.
02/16/2017Order further extending time to file response to petition to and including March 24, 2017.
03/27/2017Order further extending time to file response to petition to and including April 24, 2017.
04/24/2017Brief of respondent Consumer Financial Protection Bureau in opposition filed.
05/08/2017Reply of petitioner Chance E. Gordon filed.
05/09/2017DISTRIBUTED for Conference of May 25, 2017.
05/25/2017Rescheduled.
05/30/2017DISTRIBUTED for Conference of June 1, 2017.
05/31/2017Rescheduled.
06/05/2017DISTRIBUTED for Conference of June 8, 2017.
06/07/2017Rescheduled.
06/12/2017DISTRIBUTED for Conference of June 15, 2017.
06/14/2017Rescheduled.
06/19/2017DISTRIBUTED for Conference of June 22, 2017.
06/26/2017Petition DENIED. Justice Kennedy took no part in the consideration or decision of this petition.