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Texas v. Commissioner of Internal Revenue

Petition for certiorari denied on March 28, 2022

Docket No. Op. Below Argument Opinion Vote Author Term
21-379 5th Cir. N/A N/A N/A N/A OT 2021

Issue: (1) Whether an agency rule delegating rulemaking authority to a private entity violates the nondelegation doctrine; and (2) whether the statute of limitations applicable to a challenge to an agency rule that delegates rulemaking authority to a private entity starts to run when the agency delegates the authority or when the private entity exercises the delegated authority.

DateProceedings and Orders (key to color coding)
09/03/2021Petition for a writ of certiorari filed. (Response due October 8, 2021)
09/10/2021Motion to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
09/13/2021Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021.
11/08/2021Brief of respondents Commissioner of Internal Revenue, et al. in opposition filed.
11/22/2021Reply of petitioners Texas, et al. filed. (Distributed)
11/23/2021DISTRIBUTED for Conference of 12/10/2021.
12/06/2021Rescheduled.
01/03/2022DISTRIBUTED for Conference of 1/7/2022.
01/06/2022Rescheduled.
01/10/2022DISTRIBUTED for Conference of 1/14/2022.
01/18/2022DISTRIBUTED for Conference of 1/21/2022.
02/11/2022DISTRIBUTED for Conference of 2/18/2022.
02/22/2022DISTRIBUTED for Conference of 2/25/2022.
02/28/2022DISTRIBUTED for Conference of 3/4/2022.
03/14/2022DISTRIBUTED for Conference of 3/18/2022.
03/21/2022DISTRIBUTED for Conference of 3/25/2022.
03/28/2022Petition DENIED. Statement of Justice Alito, with whom Justice Thomas and Justice Gorsuch join, respecting the denial of certiorari. (Detached Opinion)