Supreme Court of the United States · Official docket →
Michael Rop, et al. v. Federal Housing Finance Agency, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-2071 · judgment October 4, 2022
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.
Question presented
In August 2009, the Director of the Federal Housing Finance Agency resigned. The Senate did not confirm a successor for over four years. In the meantime, an individual—who was never nominated by the President nor confirmed by the Senate—served as “Acting” FHFA Director, exercising the full panoply of powers granted to that office. The Sixth Circuit held this extended acting tenure did not run afoul of the Appointments Clause, and thus upheld the “Acting” FHFA Director’s regulatory decisions. The question presented is whether the challenged decisions of the “Acting” FHFA Director should be vacated because the Constitution does not permit the President to designate an “acting” official to exercise the powers of a principal officer indefinitely without the advice and consent of the Senate.
Counsel of record
For petitioner
David H. Thompson
Cooper & Kirk, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 12 2023Petition DENIED.
- May 23 2023DISTRIBUTED for Conference of 6/8/2023.
- May 23 2023Reply of petitioners Michael Rop, et al. filed. (Distributed)
- May 08 2023Brief of respondent Department of the Treasury in opposition filed.
- Mar 28 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2023.
- Mar 27 2023Motion to extend the time to file a response from April 7, 2023 to May 8, 2023, submitted to The Clerk.
- Feb 13 2023Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2023.
- Feb 10 2023Motion to extend the time to file a response from March 8, 2023 to April 7, 2023, submitted to The Clerk.
- Feb 02 2023Petition for a writ of certiorari filed. (Response due March 8, 2023)
- Dec 17 2022Application (22A542) granted by Justice Kavanaugh extending the time to file until February 2, 2023.
- Dec 14 2022Application (22A542) to extend the time to file a petition for a writ of certiorari from January 2, 2023 to February 2, 2023, submitted to Justice Kavanaugh.