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Sherley v. Sebelius

Petition for certiorari denied on January 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-454 D.C. Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the court of appeals erred in holding that an Executive Order can and did excuse an agency’s failure to comply with the Administrative Procedure Act; and (2) whether the court of appeals erred in holding that a preliminary-injunction ruling is binding law of the case, contrary to this Court’s settled rule that “the findings of fact and conclusions of law made by a court granting a preliminary injunction are not binding at trial on the merits,” University of Texas v. Camenisch.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 10 2012Petition for a writ of certiorari filed. (Response due November 13, 2012)
Oct 26 2012Order extending time to file response to petition to and including November 30, 2012.
Nov 30 2012Brief of respondents Kathleen Sebelius, Secretary of Health and Human Services, et al. in opposition filed.
Dec 12 2012DISTRIBUTED for Conference of January 4, 2013.
Dec 12 2012Reply of petitioners James L. Sherley, and Theresa Deisher filed. (Distributed)
Jan 7 2013Petition DENIED.