Supreme Court of the United States · Official docket →
Relentless, Inc., et al. v. Department of Commerce, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 21-1886 · judgment March 16, 2023
Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
The Magnuson-Stevens Act ("MSA'') governs fishery management in federal waters. It states that, with the approval of the Secretary of Commerce, the National Marine Fisheries Service ("NMFS") may require fishing vessels to carry federal observers who enforce the agency's regulations. Congress appropriates funds for these observers. In three circumstances absent here, but not elsewhere, the MSA allows federal observers to be paid in some manner by the regulated party. Deeming annual Congressional appropriations for the federal observers insufficient, the agency asserted a right to force the fishing vessels into contracts to pay the federal observers. The First Circuit approved this practice without stating whether its conclusion was a "product of Chevron step one or step two." It held the mere fact that the MSA provides for federal observers gave the agency carte blanche to charge the regulated party for those observers. Neither Chevron nor the MSA provision allowing measures "necessary and appropriate" to enforce the statute allows this result. The questions presented are:
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Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. 1.
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Whether the phrase "necessary and appropriate" in the MSA augments agency power to force domestic fishing vessels to contract with and pay the salaries of federal observers they must carry.
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This is the question already accepted by the Court in Loper Bright Enterprises, et al. v. Raimondo, Secretary of Commerce, et al., No. 22-451, certiorari granted (May 1, 2023) concerning the same statute and regulation. Limited to Question 1 presented by the petition. EXPEDITED BRIEFING SCHEDULE THAT WILL ALLOW THIS CASE TO BE ARGUED IN TANDEM WITH NO. 22-451, LOPER BRIGHT ENTERPRISES, et al. v. RAIMONDO, SEC. OF COMM., et al., IN THE JANUARY 2024 ARGUMENT SESSION.
Counsel of record
For petitioner
John Julian Vecchione
The New Civil Liberties Alliance
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage · 11 merits
(7 supporting pet./neither, 4 respondent)
Argument & decision
Argued January 17, 2024 — Roman Martinez · Elizabeth B. Prelogar. Audio and transcript
Decided June 28, 2024. Opinion by Roberts, C.J..
Proceedings
- Jul 30 2024Judgment Issued.
- Jun 28 2024Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., and Gorsuch, J., filed concurring opinions. Kagan, J., filed a dissenting opinion, in which Sotomayor, J., joined, and in which Jackson, J., joined as it applies to No. 22–1219. Jackson, J., took no part in the consideration or decision of the case in No. 22–451. VIDED.
- Jan 17 2024Argued. For petitioners: Roman Martinez, Washington, D. C. For respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
- Jan 05 2024Reply of petitioners Relentless, Inc., et al. filed. (Distributed)
- Dec 22 2023Brief amici curiae of Dr. Reshma Ramachandran, et al. filed. (Distributed)
- Dec 22 2023Brief amici curiae of Historians Gautham Rao, et al. filed. (Distributed)
- Dec 22 2023Brief amicus curiae of Environmental Defense Fund filed. (Distributed)
- Dec 21 2023Brief amici curiae of Emory Intellectual Property Society and Law, et al. (Distributed)
- Dec 15 2023Brief of respondents U.S. Department of Commerce, et al. filed. (Distributed)
- Dec 01 2023Record received from the United States District Court for the District of Rhode Island. The record is electronic and is available with the Clerk.
- Nov 30 2023CIRCULATED
- Nov 27 2023Brief amicus curiae of Aditya Bamzai in support of neither party filed.
- Nov 27 2023Brief amici curiae of Former State Supreme Court Justices Andrew W. Gould, et al. filed.
- Nov 27 2023Brief amicus curiae of New England Fishermen's Stewardship Association filed.
- Nov 27 2023Brief amici curiae of Advancing American Freedom, et al. filed. (Distributed)
- Nov 27 2023Brief amicus curiae of Ohio Chamber of Commerce filed. (Distributed)
- Nov 27 2023Brief amicus curiae of The Buckeye Institute filed. (Distributed)
- Nov 27 2023Brief amici curiae of Southeastern Legal Foundation, et al. filed. (Distributed)
- Nov 22 2023Record received from the United States Court of Appeals for the First Circuit. The record is electronic and is available on PACER.
- Nov 20 2023Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Nov 20 2023Record requested from the United States Court of Appeals for the First Circuit.
- Nov 20 2023Brief of petitioners Relentless, Inc., et al. filed.
- Nov 17 2023SET FOR ARGUMENT on Wednesday, January 17, 2024.
- Nov 08 2023Motion to dispense with printing the joint appendix filed by petitioners Relentless, Inc., et al.
- Oct 27 2023Amicus curiae briefs filed on the merits in No. 22-451, Loper Bright Enterprises, et al. v. Raimondo, Sec. of Comm., et al., will be considered in connection with this case.
- Oct 18 2023The joint appendix and petitioners’ brief on the merits is to be filed on or before Monday, November 20, 2023. Respondents’ brief on the merits is to be filed on or before Friday, December 15, 2023. The reply brief is to be filed on or before Friday, January 5, 2024.
- Oct 13 2023Motion for leave to file amici brief filed by Advancing American Freedom, Inc., et al. DENIED.
- Oct 13 2023Petition GRANTED limited to Question 1 presented by the petition. The Clerk is directed to establish a briefing schedule that will allow this case to be argued in tandem with No. 22-451, Loper Bright Enterprises, et al. v. Raimondo, Sec. of Comm., et al. in the January 2024 argument session.
- Oct 10 2023Rescheduled.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Oct 04 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 02 2023Reply of petitioners Relentless, Inc., et al. filed. (Distributed)
- Sep 15 2023Brief of respondents U.S. Department of Commerce, et al. filed.
- Aug 11 2023Motion to extend the time to file a response is granted and the time is further extended to and including September 15, 2023.
- Aug 09 2023Motion to extend the time to file a response from August 16, 2023 to September 15, 2023, submitted to The Clerk.
- Jul 17 2023Brief amici curiae of Southeastern Legal Foundation and the Defense of Freedom Institute filed.
- Jul 17 2023Motion for leave to file amici brief filed by Advancing American Freedom, Inc., et al.
- Jul 03 2023Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2023.
- Jun 29 2023Motion to extend the time to file a response from July 17, 2023 to August 16, 2023, submitted to The Clerk.
- Jun 14 2023Petition for a writ of certiorari filed. (Response due July 17, 2023)