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Nickols v. Mortgage Bankers Association

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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

DateProceedings and Orders (key to color coding)
12/18/2013Application (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.
12/20/2013Application (13A643) granted by The Chief Justice extending the time to file until January 30, 2014.
01/16/2014Application (13A643) to extend further the time from January 30, 2014 to February 28, 2014, submitted to The Chief Justice.
01/21/2014Application (13A643) granted by The Chief Justice extending the time to file until February 28, 2014.
02/28/2014Petition for a writ of certiorari filed. (Response due April 3, 2014)
03/18/2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. VIDED
03/24/2014Order extending time to file response to petition to and including May 2, 2014.
03/26/2014Brief amici curiae of Administrative Law Scholars filed. VIDED.
05/02/2014Brief of respondent Mortgage Bankers Association in opposition filed. VIDED.
05/15/2014Reply of petitioners Jerome Nickols, Ryan Henry, and Beverly Buck filed.
05/20/2014DISTRIBUTED for Conference of June 5, 2014.
06/09/2014DISTRIBUTED for Conference of June 12, 2014.
06/16/2014Petition 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.
06/25/2014Motion to dispense with printing the joint appendix filed by petitioners Jerome Nickols, et al.
07/07/2014The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 13, 2014. VIDED
07/07/2014The time to file respondents' brief(s) on the merits is extended to and including September 25, 2014. VIDED
07/21/2014Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
08/11/2014The time to file the joint appendix and petitioners' briefs on the merits is further extended to and including August 20, 2014.
08/11/2014The time to file respondents' brief(s) on the merits is further extended to and including October 9, 2014. VIDED
08/20/2014Brief of respondents Thomas E. Perez, Secretary of Labor, et al. filed. VIDED.
08/20/2014Brief of petitioners Jerome Nickols, et al. filed.
09/04/2014SET FOR ARGUMENT on Monday, December 1, 2014. VIDED
09/04/2014Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioners.
09/09/2014Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondents. VIDED
09/22/2014Record requested from U.S.C.A. Dist. of Columbia Circuit.
09/26/2014Record received from U.S.C.A. Dist. of Columbia Circuit. The record is electronic and located on PACER.
09/30/2014Record received from U.S.C.A. Dist. of Columbia Circuit. 1 Envelope (this record is SEALED)
10/09/2014Brief of respondents Mortgage Bankers Association, et al. filed. VIDED.
10/16/2014Brief amicus curiae of National Mining Association filed. VIDED.
10/16/2014Brief amici curiae of National Federation of Independent Business, et al. filed. VIDED.
10/16/2014Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. VIDED.
10/16/2014Brief amici curiae of Cato Institute, et al. filed. VIDED.
10/16/2014Brief amici curiae of American Hospital Association, et al. filed. VIDED.
10/16/2014Brief amici curiae of Utility Air Regulatory Group and American Forest & Paper Association filed. VIDED.
10/16/2014Brief amicus curiae of Quicken Loans Inc. filed. VIDED.
10/16/2014Brief amicus curiae of Thomas Jefferson Institute for Public Policy filed. VIDED.
10/16/2014Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
10/16/2014Motion for divided argument filed by petitioners Jerome Nickols, et al. VIDED.
10/16/2014Brief amici curiae of State and Local Government Associations filed. VIDED. (Distributed)
10/16/2014Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. Vided.
10/27/2014CIRCULATED.
10/28/2014Opposition of petitioners Perez, et al. to motion of Nickols, et al. for divided argument filed. VIDED
11/10/2014Motion for divided argument filed by petitioners DENIED.
11/10/2014Reply of respondents Thomas E. Perez, Secretary of Labor filed. VIDED. (Distributed)
11/10/2014Reply of petitioners Jerome Nickols, et al. filed. (Distributed)
12/01/2014Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Allyson N. Ho, Dallas, Tex.
03/09/2015Judgment 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
04/10/2015JUDGMENT ISSUED.