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Texas v. Commissioner of Internal Revenue

Petition for certiorari denied on March 28, 2022
Docket No. Op. Below Argument Opinion Vote Author Term
21-379 5th Cir. N/A N/A N/A N/A OT 2021

Issues: (1) Whether an agency rule delegating rulemaking authority to a private entity violates the nondelegation doctrine; and (2) whether the statute of limitations applicable to a challenge to an agency rule that delegates rulemaking authority to a private entity starts to run when the agency delegates the authority or when the private entity exercises the delegated authority.

DateProceedings and Orders (key to color coding)
Sep 03 2021Petition for a writ of certiorari filed. (Response due October 8, 2021)
Sep 10 2021Motion to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
Sep 13 2021Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021.
Nov 08 2021Brief of respondents Commissioner of Internal Revenue, et al. in opposition filed.
Nov 22 2021Reply of petitioners Texas, et al. filed. (Distributed)
Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
Dec 06 2021Rescheduled.
Jan 03 2022DISTRIBUTED for Conference of 1/7/2022.
Jan 06 2022Rescheduled.
Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022DISTRIBUTED for Conference of 2/25/2022.
Feb 28 2022DISTRIBUTED for Conference of 3/4/2022.
Mar 14 2022DISTRIBUTED for Conference of 3/18/2022.
Mar 21 2022DISTRIBUTED for Conference of 3/25/2022.
Mar 28 2022Petition DENIED. Statement of Justice Alito, with whom Justice Thomas and Justice Gorsuch join, respecting the denial of certiorari. (Detached Opinion)