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Altagracia Sanchez, et al. v. District of Columbia Office of the State Superintendent of Education, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-7014 · judgment August 12, 2022


Certiorari denied · January 9, 2023
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

A District of Columbia administrative agency promulgated regulations requiring day-care providers to obtain a college degree (on top of existing, extensive training requirements) to care for children ages zero to three. The agency imposed these regulations with no guidance from the legislature and no mechanism in place for review by a court.

  1. Does the Due Process Clause require complete and total judicial deference to these regulations?

  2. Does the nondelegation doctrine impose any limits on delegating to administrative agencies the power to enact such regulations?

Counsel of record

For petitioner
Renee Denise Flaherty
Institute for Justice

For respondent
Graham Edward Phillips
Office of the Attorney General for D.C.

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
22A240

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Jan 04 2023
    Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
  3. Jan 04 2023
    Brief amici curiae of West Virginia, et al. filed. (Distributed)
  4. Dec 21 2022
    DISTRIBUTED for Conference of 1/6/2023.
  5. Dec 19 2022
    Waiver of right of respondents Office of the State Superintendent of Education, et al. to respond filed.
  6. Dec 12 2022
    Petition for a writ of certiorari filed. (Response due January 13, 2023)
  7. Sep 20 2022
    Application (22A240) granted by The Chief Justice extending the time to file until December 12, 2022.
  8. Sep 16 2022
    Application (22A240) to extend the time to file a petition for a writ of certiorari from November 10, 2022 to December 12, 2022, submitted to The Chief Justice.