Jooce v. Food and Drug Administration
Petition for certiorari denied on June 28, 2021
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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Feb 26 2021 | Petition for a writ of certiorari filed. (Response due April 2, 2021) |
| Mar 04 2021 | Blanket Consent filed by Petitioner, Moose Jooce, et al. |
| Mar 10 2021 | Motion to extend the time to file a response from April 2, 2021 to May 3, 2021, submitted to The Clerk. |
| Mar 11 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2021. |
| Mar 19 2021 | Motion to extend the time to file a response from May 3, 2021 to June 2, 2021, submitted to The Clerk. |
| Mar 22 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including June 2, 2021. |
| Mar 31 2021 | Brief amici curiae of 36 National and State Electronic Nicotine Delivery System Product Advocacy Associations and Representative Industry Stakeholders filed. |
| Apr 01 2021 | Brief amici curiae of The Cato Institute filed. |
| Apr 02 2021 | Brief amici curiae of Senator Rand Paul, Senator Ron Johnson and Representative Jim Baird filed. |
| Jun 02 2021 | Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed. |
| Jun 02 2021 | Brief of respondents Food & Drug Administration, et al. in opposition filed. |
| Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jun 08 2021 | Reply of petitioners Moose Jooce, et al. filed. (Distributed) |
| Jun 28 2021 | Petition DENIED. |
