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Janet L. Yellen, Secretary of the Treasury, et al. v. United States House of Representatives

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5176 · judgment September 25, 2020

GVR'd · October 12, 2021
Pre-decision estimate: 31% cert probability (95% interval 21%–43%)

Before the decision, about 7.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a D.C. Circuit decision below.

Question presented

Whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), this Court should vacate the court of appeals’ judgment that a single House of Congress had Article III standing to sue the Executive Branch to challenge expenditures of funds to construct a border wall in alleged violation of statutory authority, and should remand the case with instructions to dismiss the suit as moot.

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Douglas Neal Letter
Office of General Counsel, U.S. House of Representatives

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 15 2021
    JUDGMENT ISSUED.
  2. Oct 12 2021
    Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
  3. Sep 15 2021
    DISTRIBUTED for Conference of 10/8/2021.
  4. Sep 15 2021
    Reply of petitioners Janet L.Yellen, Secretary of the Treasury, et al. filed. (Distributed)
    Main DocumentCertificate of Word Count
  5. Aug 30 2021
    Brief of respondent United States House of Representatives in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  6. Aug 06 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including August 30, 2021.
  7. Aug 05 2021
    Motion to extend the time to file a response from August 16, 2021 to August 30, 2021, submitted to The Clerk.
    Main Document
  8. Jul 07 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2021.
  9. Jul 06 2021
    Motion to extend the time to file a response from July 15, 2021 to August 16, 2021, submitted to The Clerk.
    Main Document
  10. Jun 11 2021
    Petition for a writ of certiorari filed. (Response due July 15, 2021)
    PetitionProof of Service