Hepting v. AT&T Corp.

Issue: (1) In the case of a federal statutory claim, whether Congress may grant the Attorney General the power to choose which of two inconsistent statutory standards should govern the claim; (2) in the case of a state-law claim, whether Congress may grant the Attorney General the power to choose whether the state law governing the claim should be preempted by federal law; (3) in the case of a federal constitutional claim, whether Congress may grant the Attorney General the power to choose whether to exclude the claim from the jurisdiction of the federal and state courts; and (4) even if Congress may grant the Attorney General the powers described in Questions One, Two, and Three, whether Congress provided an intelligible principle limiting the executive’s discretion in exercising those powers.

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Cir.)
• Petition for certiorari
• Brief of respondent United States in opposition
• Brief of respondents AT&T Corporation et al. in opposition
• Reply of petitioner