Supreme Court of the United States · Official docket →
Roy Lynn McCutchen, et al. v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1188
Certiorari denied · November 14, 2022
Pre-decision estimate: 31% cert probability (95% interval 19%–47%)
Before the decision, about 7.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition.
Question presented
For purposes of the Fifth Amendment’s Taking Clause, does a delegation of general legislative rulemaking authority to an agency constitute an inherent restraint on title to any personal property that could be subsequently subjected to a prospective legislative rule, rendering the physical taking of the property non-redressable?
Counsel of record
For petitioner
Patrick Strawbridge
Consovoy McCarthy PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Nov 14 2022Petition DENIED.
- Oct 25 2022DISTRIBUTED for Conference of 11/10/2022.
- Oct 19 2022Reply of petitioners Roy Lynn McCutchen, et al. filed.
- Oct 11 2022Docket entry of 10/5/2022 showing this case distributed for the conference of 10/28/2022 removed from the docket. Action was entered in error. This case will be distributed for a future conference pursuant to Rule 15.5.
- Oct 07 2022Brief of respondent United States in opposition filed. (Distributed)
- Aug 08 2022Brief amicus curiae of Maryland Shall Issue, Inc. filed.
- Aug 08 2022Brief amici curiae of Montana and 16 other States filed.
- Aug 01 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2022.
- Jul 28 2022Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
- Jul 21 2022Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022.
- Jul 20 2022Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
- Jul 11 2022Blanket Consent filed by Petitioner, Roy Lynn McCutchen, et al.
- Jul 05 2022Petition for a writ of certiorari filed. (Response due August 8, 2022)
- Apr 12 2022Application (21A586) granted by The Chief Justice extending the time to file until July 2, 2022.
- Apr 07 2022Application (21A585) granted by The Chief Justice extending the time to file until July 2, 2022.
- Apr 04 2022Application (21A585) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.
- Apr 04 2022Application (21A586) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.