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Sherley v. Sebelius

Petition for certiorari denied on January 7, 2013

Docket No. Op. Below Argument Opinion Vote Author Term
12-454 D.C. Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the court of appeals erred in holding that an Executive Order can and did excuse an agency"s failure to comply with the Administrative Procedure Act; and (2) whether the court of appeals erred in holding that a preliminary-injunction ruling is binding law of the case, contrary to this Court"s settled rule that "the findings of fact and conclusions of law made by a court granting a preliminary injunction are not binding at trial on the merits," University of Texas v. Camenisch.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/10/2012Petition for a writ of certiorari filed. (Response due November 13, 2012)
10/26/2012Order extending time to file response to petition to and including November 30, 2012.
11/30/2012Brief of respondents Kathleen Sebelius, Secretary of Health and Human Services, et al. in opposition filed.
12/12/2012DISTRIBUTED for Conference of January 4, 2013.
12/12/2012Reply of petitioners James L. Sherley, and Theresa Deisher filed. (Distributed)
01/07/2013Petition DENIED.

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