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Jooce v. Food and Drug Administration

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1203 D.C. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a regulation may be ratified if the appointments clause prohibited the purported agent’s exercise of rulemaking authority; and (2) whether, if so, the ratification must comply with the constraints that would normally govern an officer’s rulemaking, such as the Administrative Procedure Act’s “reasoned decision-making” requirement.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 26 2021Petition for a writ of certiorari filed. (Response due April 2, 2021)
Mar 04 2021Blanket Consent filed by Petitioner, Moose Jooce, et al.
Mar 10 2021Motion to extend the time to file a response from April 2, 2021 to May 3, 2021, submitted to The Clerk.
Mar 11 2021Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2021.
Mar 19 2021Motion to extend the time to file a response from May 3, 2021 to June 2, 2021, submitted to The Clerk.
Mar 22 2021Motion to extend the time to file a response is granted and the time is further extended to and including June 2, 2021.
Mar 31 2021Brief amici curiae of 36 National and State Electronic Nicotine Delivery System Product Advocacy Associations and Representative Industry Stakeholders filed.
Apr 01 2021Brief amici curiae of The Cato Institute filed.
Apr 02 2021Brief amici curiae of Senator Rand Paul, Senator Ron Johnson and Representative Jim Baird filed.
Jun 02 2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Jun 02 2021Brief of respondents Food & Drug Administration, et al. in opposition filed.
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021Reply of petitioners Moose Jooce, et al. filed. (Distributed)