Supreme Court of the United States · Official docket →
Shapour Motamedi, Shayan Motamedi, and Heriberto Moises Lopez v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-10364, 20-10366, 20-10367 · judgment January 11, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether Congress, in crafting 42 U.S.C. § 1230a7b(b) and related provisions, violated Article I, § 1 of the United States Constitution by improperly vesting the Department of Health and Human Services with virtually unlimited discretion to determine which activities would be criminalized and which would not.
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Whether this Court should adopt—at least for legislation pursuant to which Congress delegates to an Executive agency the power to determine the scope of the criminal law—a more robust test to determine whether Congress’s delegation of rulemaking authority violates the separations-ofpowers principles embodied in Article I, § 1 of the United States Constitution.
Counsel of record
For petitioner
Raphael M. Goldman
Arguedas, Cassman, Headley & Goldman LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Oct 03 2022Petition DENIED.
- Jul 06 2022DISTRIBUTED for Conference of 9/28/2022.
- Jun 29 2022Waiver of right of respondent United States to respond filed.
- Jun 23 2022Petition for a writ of certiorari filed. (Response due July 27, 2022)
- May 11 2022Application (21A708) granted by Justice Kagan extending the time to file until June 23, 2022.
- May 09 2022Application (21A708) to extend the time to file a petition for a writ of certiorari from May 24, 2022 to June 23, 2022, submitted to Justice Kagan.