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McCutchen v. United States

Certiorari Denied

Petition for certiorari denied on November 14, 2022.

Docket No.22-25
Op. BelowFed. Cir.

Issue

Whether, for purposes of the Fifth Amendment"s taking clause, a delegation of general legislative rulemaking authority to an agency constitutes an inherent restraint on title to any personal property that could be subsequently subjected to a prospective legislative rule, rendering the physical taking of the property non-redressable.

Proceedings & orders timeline

Apr 4, 2022
Application (21A585) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.
Apr 4, 2022
Application (21A586) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.
Apr 7, 2022
Application (21A585) granted by The Chief Justice extending the time to file until July 2, 2022.
Apr 12, 2022
Application (21A586) granted by The Chief Justice extending the time to file until July 2, 2022.
Jul 5, 2022
Petition for a writ of certiorari filed. (Response due August 8, 2022)
Jul 11, 2022
Blanket Consent filed by Petitioner, Roy Lynn McCutchen, et al.
Jul 20, 2022
Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
Jul 21, 2022
Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022.
Jul 28, 2022
Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
Aug 1, 2022
Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2022.
Aug 8, 2022
Brief amicus curiae of Maryland Shall Issue, Inc. filed.
Aug 8, 2022
Brief amici curiae of Montana and 16 other States filed.
Oct 7, 2022
Brief of respondent United States in opposition filed. (Distributed)
Oct 11, 2022
Docket entry of 10/5/2022 showing this case distributed for the conference of 10/28/2022 removed from the docket. Action was entered in error. This case will be distributed for a future conference pursuant to Rule 15.5.
Oct 19, 2022
Reply of petitioners Roy Lynn McCutchen, et al. filed.
Oct 25, 2022
DISTRIBUTED for Conference of 11/10/2022.
Nov 14, 2022
Petition DENIED.

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