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Harry C. Calcutt, III v. Federal Deposit Insurance Corporation

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-4303 · judgment June 10, 2022

GVR'd · May 22, 2023
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. Whether SEC v. Chenery Corp., 318 U.S. 80 (1943) and its progeny required the Sixth Circuit to remand the case to the agency after determining that the agency had applied the wrong legal standards.

  2. Whether Collins v. Yellen, 141 S. Ct. 1761 (2021) requires separation-of-powers challengers to offer concrete proof of prejudice as a prerequisite to courts resolving separation-of-powers challenges to removal restrictions on the merits. (I)

Counsel of record

For petitioner
Sarah Michelle Harris III
Williams & Connolly LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
6 cert-stage

Linked docket
22A330

Proceedings

  1. Jun 23 2023
    Judgment issued.
    Main Document
  2. May 22 2023
    The petition for a writ of certiorari is granted limited to the first question presented. The judgment of the Court of Appeals for the Sixth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion)
  3. May 15 2023
    DISTRIBUTED for Conference of 5/18/2023.
  4. Apr 19 2023
    DISTRIBUTED for Conference of 5/11/2023.
  5. Apr 19 2023
    Reply of petitioner Harry C. Calcutt filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  6. Apr 03 2023
    Brief for the respondent Federal Deposit Insurance Corporation filed.
    Main DocumentProof of Service
  7. Mar 03 2023
    Brief amicus curiae of The American Association of Bank Directors filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Mar 03 2023
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
    Main DocumentProof of ServiceCertificate of Word Count
  9. Mar 03 2023
    Brief amicus curiae of New Civil Liberties Alliance filed.
    Main DocumentProof of ServiceCertificate of Word Count
  10. Mar 02 2023
    Brief amicus curiae of Separation of Powers Clinic filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Mar 01 2023
    Brief amicus curiae of Washington Legal Foundation filed.
    Main DocumentProof of ServiceCertificate of Word Count
  12. Feb 24 2023
    Brief amicus curiae of Americans for Prosperity Foundation filed.
    Main DocumentProof of ServiceCertificate of Word Count
  13. Feb 21 2023
    Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2023.
  14. Feb 17 2023
    Motion to extend the time to file a response from March 3, 2023 to April 3, 2023, submitted to The Clerk.
    Main Document
  15. Jan 30 2023
    Petition for a writ of certiorari filed. (Response due March 3, 2023)
    PetitionAppendixCertificate of Word CountProof of Service
  16. Oct 21 2022
    Application (22A330) granted by Justice Kavanaugh extending the time to file until January 30, 2023.
  17. Oct 17 2022
    Application (22A330) to extend the time to file a petition for a writ of certiorari from December 14, 2022 to January 30, 2023, submitted to Justice Kavanaugh.
    Main DocumentLower Court Orders/Opinions