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McCutchen v. United States

Petition for certiorari denied on November 14, 2022

Docket No. Op. Below Argument Opinion Vote Author Term
22-25 Fed. Cir. N/A N/A N/A N/A OT 2022

Issue: Whether, for purposes of the Fifth Amendment"s taking clause, a delegation of general legislative rulemaking authority to an agency constitutes an inherent restraint on title to any personal property that could be subsequently subjected to a prospective legislative rule, rendering the physical taking of the property non-redressable.

DateProceedings and Orders (key to color coding)
04/04/2022Application (21A585) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.
04/04/2022Application (21A586) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.
04/07/2022Application (21A585) granted by The Chief Justice extending the time to file until July 2, 2022.
04/12/2022Application (21A586) granted by The Chief Justice extending the time to file until July 2, 2022.
07/05/2022Petition for a writ of certiorari filed. (Response due August 8, 2022)
07/11/2022Blanket Consent filed by Petitioner, Roy Lynn McCutchen, et al.
07/20/2022Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
07/21/2022Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022.
07/28/2022Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
08/01/2022Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2022.
08/08/2022Brief amicus curiae of Maryland Shall Issue, Inc. filed.
08/08/2022Brief amici curiae of Montana and 16 other States filed.
10/07/2022Brief of respondent United States in opposition filed. (Distributed)
10/11/2022Docket entry of 10/5/2022 showing this case distributed for the conference of 10/28/2022 removed from the docket. Action was entered in error. This case will be distributed for a future conference pursuant to Rule 15.5.
10/19/2022Reply of petitioners Roy Lynn McCutchen, et al. filed.
10/25/2022DISTRIBUTED for Conference of 11/10/2022.
11/14/2022Petition DENIED.