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Jooce v. Food and Drug Administration

Petition for certiorari denied on June 28, 2021

Docket No. Op. Below Argument Opinion Vote Author Term
20-1203 D.C. Cir. N/A N/A N/A N/A OT 2020

Issue: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/26/2021Petition for a writ of certiorari filed. (Response due April 2, 2021)
03/04/2021Blanket Consent filed by Petitioner, Moose Jooce, et al.
03/10/2021Motion to extend the time to file a response from April 2, 2021 to May 3, 2021, submitted to The Clerk.
03/11/2021Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2021.
03/19/2021Motion to extend the time to file a response from May 3, 2021 to June 2, 2021, submitted to The Clerk.
03/22/2021Motion to extend the time to file a response is granted and the time is further extended to and including June 2, 2021.
03/31/2021Brief amici curiae of 36 National and State Electronic Nicotine Delivery System Product Advocacy Associations and Representative Industry Stakeholders filed.
04/01/2021Brief amici curiae of The Cato Institute filed.
04/02/2021Brief amici curiae of Senator Rand Paul, Senator Ron Johnson and Representative Jim Baird filed.
06/02/2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
06/02/2021Brief of respondents Food & Drug Administration, et al. in opposition filed.
06/08/2021DISTRIBUTED for Conference of 6/24/2021.
06/08/2021Reply of petitioners Moose Jooce, et al. filed. (Distributed)
06/28/2021Petition DENIED.