Supreme Court of the United States · Official docket →
EGAE, LLC, et al. v. Department of Housing and Urban Development
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-71187 · judgment April 21, 2021
Certiorari denied · January 24, 2022
Pre-decision estimate: 4% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a business petitioner, and counsel who has filed here before.
Question presented
- In 12 U.S.C. § 1735f-15(e), Congress authorized federal Courts of Appeals to take direct review of the Secretary of Housing and Urban Development’s imposition of civil monetary penalties along with “such ancillary issues” as may be raised at the administrative level. Given that scope of review, may the Court of Appeals nonetheless refuse to consider constitutional issues that were raised at the administrative level?
Counsel of record
For petitioner
Brian William Esler
Miller Nash Graham & Dunn LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, January 24, 2022 · Certiorari denied
Proceedings
- Jan 24 2022Petition DENIED.
- Jan 05 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 03 2022Waiver of right of respondent HUD to respond filed.
- Nov 29 2021Petition for a writ of certiorari filed. (Response due January 3, 2022)