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Kamaladoss Selvam v. United States, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-2513 · judgment October 11, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 0% cert probability

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

Questions presented

U.S. Code, Title 21, Chapter 13 (Drug Abuse Prevention and Control), SubChapter 1 (Control and Enforcement) , Part E (Administrative and Enforce­ ment Provisions), § 878 - Powers of enforcement personnel, provides that, “(a) Any officer or employee of the Drug Enforcement Administration or any State, tribal, or local law enforcement officer designated by the Attorney General may—(1) carry firearms;

  1. execute and serve search warrants, arrest warrants, administrative inspection warrants, sub­ poenas, and summonses issued under the authority of the United States.” The questions presented are:

  2. Whether Food and Drug Administration (FDA) has jurisdiction to enforce Drug Abuse Prevention and Control Act?

  3. Whether Food and Drug Administration (FDA) has jurisdiction to execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas and summonses under Drug Abuse Preven­ tion and Control Act? (i)

Counsel of record

For petitioner
Kamaladoss Selvam

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jun 28 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jun 07 2023
    Waiver of right of respondents Federal Respondents to respond filed.
  4. Mar 15 2023
    Petition for a writ of certiorari filed. (Response due June 16, 2023)