Supreme Court of the United States · Official docket →
Duke Bradford, et al. v. Department of Labor, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 22-1023 · judgment April 30, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Tenth Circuit decision below.
Questions presented
The Federal Property and Administrative Services Act, also known as the Procurement Act, exists to “provide the federal government with an economical and efficient system for . . . [p]rocuring and supplying property and nonpersonal services.” Toward that end, the Act created the General Services Administration to manage procurement and supply, and it allows the President to “prescribe policies and directives” he “considers necessary” to accomplish the Act’s purposes. In 2021, President Biden invoked this power to require most federal contractors to pay their employees a $15-per-hour minimum wage. The resulting rule, issued by the Department of Labor, extends even to small businesses, like Petitioner Arkansas Valley Adventure, that merely hold permits to conduct guided expeditions on federal land, but that neither procure property or services for, nor supply them to or on behalf of, the federal government. The questions presented are:
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Whether the Procurement Act authorizes the President to require federal permittees to pay their employees a minimum wage.
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Whether the Procurement Act delegates lawmaking power to the Executive Branch in violation of Article I of the Constitution.
Counsel of record
For petitioner
Steven M. Simpson
Pacific Legal Foundation
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jan 13 2025Petition DENIED.
- Dec 18 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 18 2024Reply of petitioners Duke Bradford, et al. filed. (Distributed)
- Dec 02 2024Brief of respondents Department of Labor, et al. in opposition filed.
- Oct 21 2024Motion to extend the time to file a response is granted and the time is further extended to and including December 2, 2024.
- Oct 18 2024Motion to extend the time to file a response from October 30, 2024 to December 2, 2024, submitted to The Clerk.
- Sep 30 2024Brief amicus curiae of Safari Club International filed.
- Sep 27 2024Brief amici curiae of Texas, et al. filed.
- Sep 13 2024Motion to extend the time to file a response is granted and the time is extended to and including October 30, 2024.
- Sep 12 2024Motion to extend the time to file a response from September 30, 2024 to October 30, 2024, submitted to The Clerk.
- Aug 28 2024Petition for a writ of certiorari filed. (Response due September 30, 2024)
- Jul 12 2024Application (24A7) granted by Justice Gorsuch extending the time to file until August 28, 2024.
- Jul 02 2024Application (24A7) to extend the time to file a petition for a writ of certiorari from July 29, 2024 to September 12, 2024, submitted to Justice Gorsuch.