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McCutchen v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
22-25 Fed. Cir. TBD TBD TBD TBD TBD

Issue: Whether, for purposes of the Fifth Amendment’s taking clause, a delegation of general legislative rulemaking authority to an agency constitutes an inherent restraint on title to any personal property that could be subsequently subjected to a prospective legislative rule, rendering the physical taking of the property non-redressable.

DateProceedings and Orders (key to color coding)
Apr 04 2022Application (21A585) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.
Apr 04 2022Application (21A586) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.
Apr 07 2022Application (21A585) granted by The Chief Justice extending the time to file until July 2, 2022.
Apr 12 2022Application (21A586) granted by The Chief Justice extending the time to file until July 2, 2022.
Jul 05 2022Petition for a writ of certiorari filed. (Response due August 8, 2022)
Jul 11 2022Blanket Consent filed by Petitioner, Roy Lynn McCutchen, et al.
Jul 20 2022Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
Jul 21 2022Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022.
Jul 28 2022Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
Aug 01 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2022.
Aug 08 2022Brief amicus curiae of Maryland Shall Issue, Inc. filed.
Aug 08 2022Brief amici curiae of Montana and 16 other States filed.