Supreme Court of the United States · Official docket →
Phil Kerpen, et al. v. Metropolitan Washington Airports Authority, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1735 · judgment October 22, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Metropolitan Washington Airports Authority (“MWAA”) is an “independent” entity created by interstate compact that exercises delegated authority from Congress over three federally owned assets, each worth billions of dollars: Reagan and Dulles Airports and the Dulles Toll Road. By law and by design, it is not accountable to the federal government or to elected officials in D.C. or Virginia. Petitioners sued, explaining that MWAA’s unaccountable delegated authority violates the separation of powers required by Articles I and II and violates the Guarantee Clause. The Fourth Circuit held that separation-of-powers constraints do not apply to a congressional delegation of power that is not “inherently” federal or that is made to an interstate compact entity or other “public body,” and that the Guarantee Clause does not apply. The questions presented are:
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Is power exercised by a government agency over federal property, pursuant to federal statute, properly considered “federal power” for purposes of Articles I and II of the Constitution, even where the exercised power is not “inherently” federal or a “core” federal power?
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Can Congress delegate to interstate compacts and other instrumentalities of state or local governments powers that could not constitutionally be delegated to private entities?
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Does a statute bestowing government power— however characterized—on an unelected entity and making it “independent” of any elected official or body violate the Guarantee Clause?
Counsel of record
For petitioner
Gene Clayton Schaerr
Schaerr | Jaffe
For respondent
Noel John Francisco
Jones Day
Proceedings
- Oct 07 2019Petition DENIED.
- Aug 14 2019DISTRIBUTED for Conference of 10/1/2019.
- Aug 14 2019Reply of petitioners Phil Kerpen, et al. filed. (Distributed)
- Jul 31 2019Brief of Federal Respondents in opposition filed.
- Jul 29 2019Brief of respondents Metropolitan Washington Airports Authority. et al. in opposition filed.
- Jun 28 2019Motion to extend the time to file a response is granted and the time is further extended to and including July 31, 2019, for all respondents.
- Jun 27 2019Motion to extend the time to file a response from July 8, 2019 to July 31, 2019, submitted to The Clerk.
- May 31 2019Motion to extend the time to file a response is granted and the time is extended to and including July 8, 2019, for all respondents.
- May 29 2019Motion to extend the time to file a response from June 6, 2019 to July 8, 2019, submitted to The Clerk.
- May 07 2019Response Requested. (Due June 6, 2019)
- Apr 30 2019DISTRIBUTED for Conference of 5/16/2019.
- Apr 24 2019Waiver of right of respondent Metropolitan Washington Airports Authority, et al. to respond filed.
- Apr 24 2019Brief amicus curiae of Cato Institute filed.
- Apr 09 2019Waiver of right of respondent Metropolitan Washington Airports Authority to respond filed.
- Apr 02 2019Waiver of right of respondent District of Columbia to respond filed.
- Mar 21 2019Petition for a writ of certiorari filed. (Response due April 24, 2019)
- Feb 12 2019Application (18A726) granted by The Chief Justice extending the time to file until March 21, 2019.
- Feb 08 2019Application (18A726) to extend further the time from February 20, 2019 to March 21, 2019, submitted to The Chief Justice.
- Jan 14 2019Application (18A726) granted by The Chief Justice extending the time to file until February 20, 2019.
- Jan 10 2019Application (18A726) to extend the time to file a petition for a writ of certiorari from January 20, 2019 to February 20, 2019, submitted to The Chief Justice.