Nickols v. Mortgage Bankers Association
Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-1052 | D.C. Cir. | Dec 1, 2014 | Mar 9, 2015 | 9-0 | Sotomayor | OT 2014 |
Holding: The D.C. Circuit’s Paralyzed Veterans doctrine, which requires agencies to use the notice-and-comment process before it can significantly revise an interpretive rule, is contrary to the clear text of the Administrative Procedure Act’s rulemaking provisions and improperly imposes on agencies an obligation beyond the Act’s maximum procedural requirements.
Judgment: Reversed on March 9, 2015. Justice Alito joined except for Part III–B, and filed an opinion concurring in part and concurring in the judgment. Justice Scalia and Justice Thomas filed opinions concurring in the judgment.
SCOTUSblog Coverage
- Opinion analysis: The Court slays the D.C. Circuit’s Paralyzed Veterans doctrine, leaving bigger issues for another day (Brian Wolfman and Bradley Girard, March 10, 2015)
- Argument analysis: "Interpretive rules," notice-and-comment rule making, and the tougher issues waiting in the wings (Brian Wolfman and Bradley Girard, December 3, 2014)
- Argument preview: The Administrative Procedure Act, notice-and-comment rule making, and "interpretive" rules (Brian Wolfman and Bradley Girard, November 26, 2014)
- On religion issues, children are still different (Lyle Denniston, June 16, 2014)
- Petitions of the day (Maureen Johnston, June 4, 2014)
| Date | Proceedings and Orders |
|---|---|
| Dec 18 2013 | Application (13A643) to extend the time to file a petition for a writ of certiorari from December 31, 2013 to January 30, 2014, submitted to The Chief Justice. |
| Dec 20 2013 | Application (13A643) granted by The Chief Justice extending the time to file until January 30, 2014. |
| Jan 16 2014 | Application (13A643) to extend further the time from January 30, 2014 to February 28, 2014, submitted to The Chief Justice. |
| Jan 21 2014 | Application (13A643) granted by The Chief Justice extending the time to file until February 28, 2014. |
| Feb 28 2014 | Petition for a writ of certiorari filed. (Response due April 3, 2014) |
| Mar 18 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. VIDED |
| Mar 24 2014 | Order extending time to file response to petition to and including May 2, 2014. |
| Mar 26 2014 | Brief amici curiae of Administrative Law Scholars filed. VIDED. |
| May 2 2014 | Brief of respondent Mortgage Bankers Association in opposition filed. VIDED. |
| May 15 2014 | Reply of petitioners Jerome Nickols, Ryan Henry, and Beverly Buck filed. |
| May 20 2014 | DISTRIBUTED for Conference of June 5, 2014. |
| Jun 9 2014 | DISTRIBUTED for Conference of June 12, 2014. |
| Jun 16 2014 | Petition GRANTED The petition for a writ of certiorari in No. 13-1041 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| Jun 25 2014 | Motion to dispense with printing the joint appendix filed by petitioners Jerome Nickols, et al. |
| Jul 7 2014 | The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 13, 2014. VIDED |
| Jul 7 2014 | The time to file respondents' brief(s) on the merits is extended to and including September 25, 2014. VIDED |
| Jul 21 2014 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Aug 11 2014 | The time to file the joint appendix and petitioners' briefs on the merits is further extended to and including August 20, 2014. |
| Aug 11 2014 | The time to file respondents' brief(s) on the merits is further extended to and including October 9, 2014. VIDED |
| Aug 20 2014 | Brief of respondents Thomas E. Perez, Secretary of Labor, et al. filed. VIDED. |
| Aug 20 2014 | Brief of petitioners Jerome Nickols, et al. filed. |
| Sep 4 2014 | SET FOR ARGUMENT on Monday, December 1, 2014. VIDED |
| Sep 4 2014 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioners. |
| Sep 9 2014 | Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondents. VIDED |
| Sep 22 2014 | Record requested from U.S.C.A. Dist. of Columbia Circuit. |
| Sep 26 2014 | Record received from U.S.C.A. Dist. of Columbia Circuit. The record is electronic and located on PACER. |
| Sep 30 2014 | Record received from U.S.C.A. Dist. of Columbia Circuit. 1 Envelope (this record is SEALED) |
| Oct 9 2014 | Brief of respondents Mortgage Bankers Association, et al. filed. VIDED. |
| Oct 16 2014 | Brief amicus curiae of National Mining Association filed. VIDED. |
| Oct 16 2014 | Brief amici curiae of National Federation of Independent Business, et al. filed. VIDED. |
| Oct 16 2014 | Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. VIDED. |
| Oct 16 2014 | Brief amici curiae of Cato Institute, et al. filed. VIDED. |
| Oct 16 2014 | Brief amici curiae of American Hospital Association, et al. filed. VIDED. |
| Oct 16 2014 | Brief amici curiae of Utility Air Regulatory Group and American Forest & Paper Association filed. VIDED. |
| Oct 16 2014 | Brief amicus curiae of Quicken Loans Inc. filed. VIDED. |
| Oct 16 2014 | Brief amicus curiae of Thomas Jefferson Institute for Public Policy filed. VIDED. |
| Oct 16 2014 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. |
| Oct 16 2014 | Motion for divided argument filed by petitioners Jerome Nickols, et al. VIDED. |
| Oct 16 2014 | Brief amici curiae of State and Local Government Associations filed. VIDED. (Distributed) |
| Oct 16 2014 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. Vided. |
| Oct 27 2014 | CIRCULATED. |
| Oct 28 2014 | Opposition of petitioners Perez, et al. to motion of Nickols, et al. for divided argument filed. VIDED |
| Nov 10 2014 | Motion for divided argument filed by petitioners DENIED. |
| Nov 10 2014 | Reply of respondents Thomas E. Perez, Secretary of Labor filed. VIDED. (Distributed) |
| Nov 10 2014 | Reply of petitioners Jerome Nickols, et al. filed. (Distributed) |
| Dec 1 2014 | Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Allyson N. Ho, Dallas, Tex. |
| Mar 9 2015 | Judgment REVERSED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined, and in which Alito, J., joined except for Part III-B. Alito, J., filed an opinion concurring in part and concurring in the judgment. Scalia, J., and Thomas, J., filed opinions concurring in the judgment. VIDED |
| Apr 10 2015 | JUDGMENT ISSUED. |
