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Jooce v. Food and Drug Administration

Certiorari Denied

Petition for certiorari denied on June 28, 2021.

Docket No.20-1203
Op. BelowD.C. Cir.

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.

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