Supreme Court of the United States · Official docket →
Gregory W. Pheasant v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-991 · judgment February 19, 2025
Question presented
The Federal Land Policy and Management Act makes it a crime to “knowingly and willfully violate[] any . . . regulation” promulgated by the Secretary of the Interior under the Act. 43 U.S.C. § 1733(a). Besides that provision, the Act identifies no criminal conduct. It merely instructs the Secretary to “issue regulations necessary to implement the provisions of [the] Act with respect to the management, use, and protection of the public lands, including the property located thereon.” Id. The question presented is: Whether § 1733(a) violates the nondelegation doctrine by giving the Executive near-unfettered power to define what conduct is subject to criminal punishment? (i)
Counsel of record
For petitioner
Ellesse Danielle Henderson
Office of the Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Proceedings
- Aug 13 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 09 2026Reply of petitioner Gregory Pheasant filed.
- May 22 2026Brief of respondent United States in opposition filed.
- Apr 20 2026Motion to extend the time to file a response is granted and the time is extended to and including May 22, 2026.
- Apr 16 2026Motion to extend the time to file a response from April 22, 2026 to May 22, 2026, submitted to The Clerk.
- Mar 27 2026Brief amici curiae of Idaho, et al. filed.
- Mar 27 2026Brief amicus curiae of Pacific Legal Foundation filed.
- Mar 23 2026Response Requested. (Due April 22, 2026)
- Mar 23 2026Brief amicus curiae of New Civil Liberties Alliance filed.
- Mar 23 2026Brief amicus curiae of The Buckeye Institute filed.
- Mar 23 2026Brief amici curiae of Ninth Circuit Federal Public and Community Defender Offices filed.
- Mar 16 2026Brief amicus curiae of Cato Institute filed. (Distributed)
- Mar 12 2026DISTRIBUTED for Conference of 3/27/2026.
- Mar 12 2026Brief amicus curiae of Americans for Prosperity Foundation filed. (Distributed)
- Mar 04 2026Waiver of right of respondent United States to respond filed.
- Feb 20 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2026)
- Dec 19 2025Application (25A727) granted by Justice Kagan extending the time to file until February 28, 2026.
- Dec 17 2025Application (25A727) to extend the time to file a petition for a writ of certiorari from January 29, 2026 to February 28, 2026, submitted to Justice Kagan.