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Detroit International Bridge Company, Inc., et al. v. Department of State, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-5270 · judgment November 21, 2017


Dismissed · October 15, 2018
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether Congress may delegate to an Executive Agency the duty the Constitution expressly assigns to Congress to decide whether to “Consent” to an “Agreement or Compact” between a State and “a foreign Power.” U.S. Const. art. I, § 10, cl. 3.

  2. Whether, when Congress is permitted to delegate power to an Executive-Branch agency, the constitutionally required “intelligible principle” may consist of nothing more than the identity of the agency receiving the delegation, with no principle anywhere in the statute itself to which the agency is directed to conform.

Counsel of record

For petitioner
Hamish Hume
Boies Schiller Flexner LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history

Linked docket
17A1278

Proceedings

  1. Oct 15 2018
    Petition Dismissed - Rule 46.
  2. Oct 12 2018
    Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 received.
  3. Aug 29 2018
    Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2018.
  4. Aug 28 2018
    Motion to extend the time to file a response from September 6, 2018 to October 9, 2018, submitted to The Clerk.
  5. Aug 03 2018
    Petition for a writ of certiorari filed. (Response due September 6, 2018)
  6. May 22 2018
    Application (17A1278) granted by The Chief Justice extending the time to file until August 3, 2018.
  7. May 16 2018
    Application (17A1278) to extend the time to file a petition for a writ of certiorari from June 4, 2018 to August 3, 2018, submitted to The Chief Justice.