Supreme Court of the United States · Official docket →
Consumers' Research, et al. v. Consumer Product Safety Commission
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-40328
Certiorari denied · October 21, 2024
Pre-decision estimate: 9% cert probability (95% interval 5%–16%)
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below and a dissent in the court below (flagged in the petition).
Question presented
Whether the for-cause restriction on the President’s authority to remove Commissioners of the Consumer Product Safety Commission violates the separation of powers.
Counsel of record
For petitioner
Brett A. Shumate
Jones Day
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
11 cert-stage
Proceedings
- Oct 21 2024Petition DENIED.
- Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
- Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
- Sep 09 2024Reply of petitioners Consumers' Research, et al. filed. (Distributed)
- Aug 26 2024Brief of respondent Consumer Product Safety Commission in opposition filed.
- Aug 16 2024Motion to extend the time to file a response is granted and the time is further extended to and including August 26, 2024.
- Aug 14 2024Motion to extend the time to file a response from August 19, 2024 to August 26, 2024, submitted to The Clerk.
- Jul 18 2024Brief amici curiae of U.S. Senator Ted Cruz, Representative Darrell Issa, and 9 Other Members of Congress filed.
- Jul 18 2024Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
- Jul 18 2024Brief amici curiae of Louisiana, et al. filed.
- Jul 18 2024Brief amicus curiae of Manhattan Institute filed.
- Jul 18 2024Brief amicus curiae of Landmark Legal Foundation filed.
- Jul 18 2024Brief amici curiae of Advancing American Freedom, et al. filed.
- Jul 18 2024Brief amicus curiae of The Center for American Liberty filed.
- Jul 18 2024Brief amicus curiae of Cato Institute filed.
- Jul 18 2024Brief amicus curiae of New Civil Liberties Alliance filed.
- Jul 17 2024Brief amicus curiae of Americans for Prosperity Foundation filed.
- Jul 17 2024Brief amicus curiae of Competitive Enterprise Institute filed.
- Jul 09 2024Motion to extend the time to file a response is granted and the time is extended to and including August 19, 2024.
- Jul 08 2024Motion to extend the time to file a response from July 18, 2024 to August 19, 2024, submitted to The Clerk.
- Jun 14 2024Petition for a writ of certiorari filed. (Response due July 18, 2024)