Sherley v. Sebelius

(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.