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Mnuchin v. Collins

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-563 5th Cir. Dec 9, 2020
TBD TBD TBD OT 2020

Issues: (1) Whether the statute’s anti-injunction clause, which precludes courts from taking any action that would “restrain or affect the exercise of powers or functions of the Agency as a conservator,” 12 U.S.C. 4617(f), precludes a federal court from setting aside the Third Amendment. 2. Whether the statute’s succession clause—under which FHFA, as conservator, inherits the shareholders’ rights to bring derivative actions on behalf of the enterprises—precludes the shareholders from challenging the Third Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 25 2019Petition for a writ of certiorari filed. (Response due November 29, 2019)
Nov 27 2019Brief of respondents Patrick J. Collins, et al. in opposition filed.
Nov 27 2019Brief amici curiae of Bryndon Fisher, Bruce Reid, & Erick Shipmon in support of neither party filed.
Dec 11 2019DISTRIBUTED for Conference of 1/10/2020.
Dec 11 2019Reply of petitioners Steven T. Mnuchin, Secretary of the Treasury, et al. filed. (Distributed)
Jun 29 2020DISTRIBUTED for Conference of 7/1/2020.
Jul 08 2020DISTRIBUTED for Conference of 7/8/2020.
Jul 09 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-422 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 09 2020Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-422. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-422. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Aug 17 2020Aaron Nielson, Esquire, of Provo, Utah, is invited to brief and argue, as amicus curiae, in support of the position that the structure of the Federal Housing Finance Agency does not violate the separation of powers. VIDED.
Aug 18 2020Mnuchin, et al., shall file an opening brief on the questions presented by the petition in No. 19-563, limited to 13,000 words, by Monday, August 17, 2020. Collins, et al., shall file a consolidated response in No. 19-563 and opening brief in No. 19-422, limited to 20,000 words, by Wednesday, September 16, 2020. That brief shall bear a light red cover. The Court-appointed amicus curiae shall file a brief, limited to 13,000 words, by Friday, October 16, 2020. That brief shall bear a dark green cover. Mnuchin, et al., shall file a consolidated reply and response brief, limited to 13,000 words, by Friday, October 23, 2020. Collins, et al., shall file a consolidated reply and response brief to brief of Court-appointed amicus curiae, limited to 6,000 words, by Monday, November 23, 2020. That brief shall bear a tan cover. The brief of any amicus curiae in support of Collins, et al., or in support of neither set of parties, shall be filed by Wednesday, September 23, 2020. Those briefs shall bear a light green cover. The brief of any amicus curiae in support of Mnuchin, et al., or in support of Court-appointed amicus curiae, shall be filed by Friday, October 30, 2020. Those briefs shall bear a dark green cover. VIDED.
Sep 16 2020SET FOR ARGUMENT on Wednesday, December 9, 2020. VIDED.
 
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