Supreme Court of the United States · Official docket →
Loper Bright Enterprises, et al. v. Gina Raimondo, Secretary of Commerce, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-5166 · judgment August 12, 2022
Decided · June 28, 2024
Pre-decision estimate: 22% cert probability (95% interval 15%–32%)
Before the decision, about 5.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a dissent in the court below (flagged in the petition).
Questions presented
The Magnuson-Stevens Act (MSA) governs fishery management in federal waters and provides that the National Marine Fisheries Service (NMFS) may require vessels to "carry" federal observers onboard to enforce the agency's myriad regulations. Given that space onboard a fishing vessel is limited and valuable, that alone is an extraordinary imposition. But in three narrow circumstances not applicable here, the MSA goes further and requires vessels to pay the salaries of the federal observers who oversee their operations-although, with the exception of foreign vessels that enjoy the privilege of fishing in our waters, the MSA caps the costs of those salaries at 2-3% of the value of the vessel's haul. The statutory question underlying this petition is whether the agency can also force a wide variety of domestic vessels to foot the bill for the salaries of the monitors they must carry to the tune of 20% of their revenues. Under well-established principles of statutory construction, the answer would appear to be no, as the express grant of such a controversial power in limited circumstances forecloses a broad implied grant that would render the express grant superfluous. But a divided panel of the D.C. Circuit answered yes under Chevron on the theory that statutory silence produced an ambiguity that justified deferring to the agency. The questions presented are:
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Whether, under a proper application of Chevron, the MSA implicitly grants NMFS the power to force domestic vessels to pay the salaries of the monitors they must carry.
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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. THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO QUESTION 2 PRESENTED BY THE PETITION. JUSTICE JACKSON TOOK NO PART IN THE CONSIDERATION OR DECISION OF THIS PETITION AND THESE MOTIONS.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 5 conferences
Amicus briefs
8 cert-stage · 62 merits
(49 supporting pet./neither, 13 respondent)
Argument & decision
Argued January 17, 2024 — Paul D. Clement · 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: Paul D. Clement, Alexandria, Va. For respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
- Nov 30 2023CIRCULATED
- Nov 22 2023Record received from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk. The remainder of the record is available on PACER.
- Nov 20 2023Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Nov 17 2023SET FOR ARGUMENT on Wednesday, January 17, 2024.
- Oct 27 2023Amicus curiae briefs filed on the merits in this case will also be considered in connection with No. 22-1219, Relentless, Inc., et al. v. Dept. of Commerce, et al.
- Oct 16 2023Reply of petitioners Loper Bright Enterprises, et al. filed.
- Oct 13 2023This case is to be argued in tandem with No. 22-1219, Relentless, Inc., et al. v. Dept. of Commerce, et al. in the January 2024 argument session (see order of today in No. 22-1219.)
- Sep 22 2023Brief amicus curiae of Environmental Defense Fund filed.
- Sep 22 2023Brief amicus curiae of Public Citizen filed.
- Sep 22 2023Brief amici curiae of American Association for the Advancement of Science, et al. filed.
- Sep 22 2023Brief amici curiae of Scholars of Administrative Law and the Administrative Procedure Act filed.
- Sep 22 2023Brief amicus curiae of Natural Resources Defense Council filed.
- Sep 22 2023Brief amici curiae of Administrative and Federal Regulatory Law Professors filed.
- Sep 22 2023Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law filed.
- Sep 22 2023Brief amici curiae of Conservation Law Foundation, et al. filed.
- Sep 22 2023Brief amici curiae of American Cancer Society, et al. filed.
- Sep 22 2023Brief amici curiae of Small Business Associations filed.
- Sep 22 2023Brief amici curiae of The District of Columbia, et al. filed.
- Sep 22 2023Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations (Oct. 2, 2023) filed.
- Sep 21 2023Brief amici curiae of U.S. Senators Sheldon Whitehouse, et al. filed.
- Sep 15 2023Brief of respondents Raimondo, Gina, et al. filed.
- Jul 24 2023Amicus brief of Competitive Enterprise Institute and Manhattan Institute not accepted for filing. (July 24, 2023--electronically submitted on behalf of incorrect entity.)
- Jul 24 2023Brief amicus curiae of Competitive Enterprise Institute filed.
- Jul 24 2023Brief amicus curiae of Christian Employers Alliance filed.
- Jul 24 2023Brief amici curiae of David Goethel and John Haran filed.
- Jul 24 2023Brief amicus curiae of America First Policy Institute filed.
- Jul 24 2023Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
- Jul 24 2023Brief amicus curiae of National Taxpayers Union Foundation filed.
- Jul 24 2023Brief amicus curiae of U.S. House of Representatives filed.
- Jul 24 2023Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Jul 24 2023Brief amici curiae of Coalition for a Democratic Workplace, et al. filed supporting neither party.
- Jul 24 2023Brief amici curiae of U.S. Senator Ted Cruz, Congressman Mike Johnson, and 34 Other Members of Congress filed.
- Jul 24 2023Brief amicus curiae of The Little Sisters of the Poor Saints Peter and Paul Home filed.
- Jul 24 2023Brief amici curiae of State of West Virginia and 26 Other States filed.
- Jul 24 2023Brief amicus curiae of Professor Aditya Bamzai filed.
- Jul 24 2023Brief amici curiae of Electronic Nicotine Delivery System Industry Stakeholders filed.
- Jul 24 2023Brief amici curiae of FPC Action Foundation and Firearms Policy Coalition filed.
- Jul 24 2023Brief amici curiae of Professors Kent Barnett and Christopher J. Walker in support on neither party filed.
- Jul 24 2023Brief amicus curiae of Third Party Payment Processors Association filed.
- Jul 24 2023Brief amicus curiae of Strive Asset Management filed.
- Jul 24 2023Brief amicus curiae of Advance Colorado Institute filed.
- Jul 24 2023Brief amicus curiae of New Civil Liberties Alliance filed.
- Jul 24 2023Brief amicus curiae of Governor Brian P. Kemp filed.
- Jul 24 2023Brief amici curiae of Eight National Business Organizations filed.
- Jul 24 2023Brief amicus curiae of American Cornerstone Institute filed.
- Jul 24 2023Brief amici curiae of Southeastern Legal Foundation, et al. filed.
- Jul 24 2023Brief amicus curiae of Ohio Chamber of Commerce filed.
- Jul 24 2023Brief amicus curiae of American Free Enterprise Chamber of Commerce filed.
- Jul 24 2023Brief amicus curiae of National Sports Shooting Foundation, Inc. filed.
- Jul 24 2023Brief amici curiae of Advancing American Freedom, et al. filed.
- Jul 24 2023Brief amici curiae of Buckeye Institute and National Federation of Independent Business Small Business Legal Center, Inc. filed.
- Jul 24 2023Brief amici curiae of Independent Women's Law Center and Washington Legal Foundation filed.
- Jul 24 2023Brief amici curiae of Gun Owners of America, Inc., et al. filed.
- Jul 24 2023Amicus brief of Relentless, Inc., Huntress Inc., SeaFreeze Fleet LLC not accepted for filing. (September 20, 2023)
- Jul 21 2023Brief amicus curiae of The Foundation for Government Accountability filed.
- Jul 21 2023Brief amicus curiae of Liberty Justice Center filed.
- Jul 21 2023Brief amicus curiae of Center for Constitutional Jurisprudence filed.
- Jul 21 2023Brief amicus curiae of Landmark Legal Foundation filed.
- Jul 21 2023Brief amici curiae of Cato Institute, et al. filed.
- Jul 21 2023Brief amicus curiae of Mountain States Legal Foundation filed.
- Jul 21 2023Brief amicus curiae of Professor Thomas W. Merrill in support of neither party filed.
- Jul 20 2023Brief amici curiae of Manhattan Institute, et al. filed.
- Jul 20 2023Brief amicus curiae of American Center for Law and Justice filed.
- Jul 20 2023Brief amicus curiae of TechFreedom filed.
- Jul 20 2023Brief amicus curiae of New England Legal Foundation filed.
- Jul 19 2023Brief amici curiae of PTAAAARMIGAN LLC, et al. in support of neither party filed.
- Jul 19 2023Brief amicus curiae of America First Legal Foundation filed.
- Jul 18 2023Brief amicus curiae of Lonang Institute filed.
- Jul 18 2023Brief amicus curiae of Goldwater Institute filed.
- Jul 17 2023Brief amicus curiae of Pacific Legal Foundation filed.
- Jul 17 2023Brief of petitioners Loper Bright Enterprises, et al. filed.
- Jul 13 2023Brief amicus curiae of Atlantic Legal Foundation filed.
- Jul 13 2023Brief amicus curiae of DRI Center for Law and Public Policy filed.
- Jul 07 2023Motion for a further extension of time to file the briefs on the merits filed.
- Jul 07 2023Motion to further extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is further extended to and including July 17, 2022. The time to file respondents' brief on the merits is further extended to and including September 15, 2023.
- Jun 20 2023Motion to dispense with printing the joint appendix filed by petitioners GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
- Jun 09 2023Motion to dispense with printing the joint appendix filed by petitioners Loper Bright Enterprises, et al.
- Jun 05 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 10, 2023. The time to file respondents' brief on the merits is extended to and including August 30, 2023.
- Jun 02 2023Motion for an extension of time to file the briefs on the merits filed.
- May 01 2023Motion for leave to file amicus brief filed by Pacific Legal Foundation GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
- May 01 2023Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
- May 01 2023Motion for leave to file amicus brief filed by Christian Employers Alliance GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
- May 01 2023Motion for leave to file amici brief filed by Relentless, Inc., et al. GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
- May 01 2023Motion for leave to file amici brief filed by David Goethel, et al. GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
- May 01 2023Motion for leave to file amicus brief filed by Advancing American Freedom GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
- May 01 2023Petition GRANTED limited to Question 2 presented by the petition. Justice Jackson took no part in the consideration or decision of this petition.
- Apr 24 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 17 2023DISTRIBUTED for Conference of 4/21/2023.
- Apr 10 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 27 2023DISTRIBUTED for Conference of 3/31/2023.
- Mar 08 2023DISTRIBUTED for Conference of 3/24/2023.
- Mar 08 2023Reply of petitioners Loper Bright Enterprises, et al. filed. (Distributed)
- Feb 16 2023Brief of respondents Gina Raimondo, Secretary of Commerce, et al. in opposition filed.
- Jan 13 2023Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2023.
- Jan 12 2023Motion to extend the time to file a response from January 17, 2023 to February 16, 2023, submitted to The Clerk.
- Dec 15 2022Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023.
- Dec 15 2022Brief amicus curiae of Independent Women's Law Center filed.
- Dec 15 2022Brief amici curiae of West Virginia, et al. filed.
- Dec 15 2022Brief amicus curiae of Southeastern Legal Foundation filed.
- Dec 15 2022Motion for leave to file amicus brief filed by Christian Employers Alliance.
- Dec 15 2022Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
- Dec 15 2022Motion for leave to file amici brief filed by Relentless, Inc., et al.
- Dec 15 2022Motion for leave to file amici brief filed by David Goethel, et al.
- Dec 15 2022Motion of Advancing American Freedom for leave to file amicus brief not accepted for filing.(Duplicate submission) (December 20, 2022)
- Dec 15 2022Motion for leave to file amici brief filed by Advancing American Freedom, et al.(12/19/2022)
- Dec 15 2022Brief amici curiae of Buckeye Institute, et al. filed.
- Dec 14 2022Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence.
- Dec 13 2022Motion for leave to file amicus brief filed by Pacific Legal Foundation.
- Dec 13 2022Motion to extend the time to file a response from December 15, 2022 to January 17, 2023, submitted to The Clerk.
- Dec 12 2022Brief amici curiae of Competitive Enterprise Institute, et al. filed.
- Dec 09 2022Brief amici curiae of Cato Institute, et al. filed.
- Dec 06 2022Brief amicus curiae of New England Legal Foundation filed.
- Nov 17 2022Blanket Consent filed by Petitioner, Loper Bright Enterprises, et al.
- Nov 10 2022Petition for a writ of certiorari filed. (Response due December 15, 2022)