Supreme Court of the United States · Official docket →
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America, et al. v. Department of Agriculture, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-8042 · judgment May 20, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Federal Advisory Committee Act, 5 U.S.C. App. 2 §§ 1 - 16, imposes detailed reporting requirements on federal advisory committees. The Act defines “advisory committee” as including any committee “established” or “utilized” by a federal agency “in the interest of obtaining advice or recommendations for the President or one or more agencies or officers of the Federal Government.” 5 U.S.C. App. 2, § 3(2). In Public Citizen v. U.S. Dep’t of Justice, 491 U.S. 440 (1989), this Court held that the word “utilized” should not be construed in accordance with its “straightforward” and “literal” meaning but rather should be read narrowly—in part because assigning “utilized” its commonly understood meaning would raise considerable doubt regarding FACA’s constitutionality. 491 U.S. at 465-67. Relying on Public Citizen, the courts below held—in direct conflict with a decision of the Eleventh Circuit—that “established” should also be construed more narrowly than its ordinary meaning would suggest. The Question Presented is: Should the word “established,” as used in FACA, be construed in accord with its “plain” meaning (as the Eleventh Circuit held) or should be it construed more narrowly (as the Tenth Circuit held)?
Counsel of record
For petitioner
Richard A. Samp
New Civil Liberties Alliance
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Mar 06 2023Petition DENIED.
- Feb 15 2023DISTRIBUTED for Conference of 3/3/2023.
- Feb 14 2023Reply of petitioners Ranchers Cattlemen Action Legal Fund United Stockgrowers of America, et al. filed. (Distributed)
- Jan 27 2023Brief of respondents Department of Agriculture, et al. in opposition filed.
- Dec 19 2022Motion to extend the time to file a response from December 28, 2022 to January 27, 2023, submitted to The Clerk.
- Dec 19 2022Motion to extend the time to file a response is granted and the time is further extended to and including January 27, 2023.
- Nov 09 2022Motion to extend the time to file a response is granted and the time is extended to and including December 28, 2022.
- Nov 08 2022Motion to extend the time to file a response from November 28, 2022 to December 28, 2022, submitted to The Clerk.
- Oct 28 2022Response Requested. (Due November 28, 2022)
- Oct 25 2022DISTRIBUTED for Conference of 11/10/2022.
- Oct 20 2022Waiver of right of respondent Department of Agriculture, et al. to respond filed.
- Sep 19 2022Petition for a writ of certiorari filed. (Response due October 21, 2022)
- Aug 04 2022Application (22A98) granted by Justice Gorsuch extending the time to file until September 19, 2022.
- Aug 01 2022Application (22A98) to extend the time to file a petition for a writ of certiorari from August 18, 2022 to September 19, 2022, submitted to Justice Gorsuch.