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
Before the decision, about 9.3× 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
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
2 cert-stage
Linked docket
21A586
Order
Order list, November 14, 2022 · Certiorari denied
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.