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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: 3% cert probability

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

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?

For petitioner
Brian William Esler
Miller Nash Graham & Dunn LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Conference history
Distributed for 1 conference

Jan 24 2022
Petition DENIED.
Jan 05 2022
DISTRIBUTED for Conference of 1/21/2022.
Jan 03 2022
Waiver of right of respondent HUD to respond filed.
Main Document
Nov 29 2021
Petition for a writ of certiorari filed. (Response due January 3, 2022)
Petition Appendix Certificate of Word Count Proof of Service