No. 19-422
Vide 19-563
Title:Patrick J. Collins, et al., Petitioners
v.
Janet L. Yellen, Secretary of the Treasury, et al.
Docketed:September 30, 2019
Lower Ct:United States Court of Appeals for the Fifth Circuit
   Case Numbers:(17-20364)
   Decision Date:September 6, 2019
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Sep 25 2019Petition for a writ of certiorari filed. (Response due October 30, 2019)
PetitionAppendixCertificate of Word CountProof of Service
Oct 30 2019Brief of respondents Mnuchin, Steven T., et al. in opposition filed.
Main DocumentProof of Service
Oct 30 2019Brief amicus curiae of Blackwells Capital LLC filed.
Main DocumentCertificate of Word CountProof of Service
Nov 12 2019Reply of petitioners Patrick J. Collins, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Dec 11 2019DISTRIBUTED for Conference of 1/10/2020.
Jun 29 2020DISTRIBUTED for Conference of 7/1/2020.
Jul 08 2020DISTRIBUTED for Conference of 7/8/2020.
Jul 09 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-563 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 09 2020Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-422. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-422. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Aug 17 2020Aaron Nielson, Esquire, of Provo, Utah, is invited to brief and argue, as amicus curiae, in support of the position that the structure of the Federal Housing Finance Agency does not violate the separation of powers. VIDED.
Aug 17 2020Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.
Main DocumentProof of Service
Aug 17 2020Brief of Federal Parties filed. (in 19-563)
Main DocumentProof of Service
Aug 18 2020Mnuchin, et al., shall file an opening brief on the questions presented by the petition in No. 19-563, limited to 13,000 words, by Monday, August 17, 2020. Collins, et al., shall file a consolidated response in No. 19-563 and opening brief in No. 19-422, limited to 20,000 words, by Wednesday, September 16, 2020. That brief shall bear a light red cover. The Court-appointed amicus curiae shall file a brief, limited to 13,000 words, by Friday, October 16, 2020. That brief shall bear a dark green cover. Mnuchin, et al., shall file a consolidated reply and response brief, limited to 13,000 words, by Friday, October 23, 2020. Collins, et al., shall file a consolidated reply and response brief to brief of Court-appointed amicus curiae, limited to 6,000 words, by Monday, November 23, 2020. That brief shall bear a tan cover. The brief of any amicus curiae in support of Collins, et al., or in support of neither set of parties, shall be filed by Wednesday, September 23, 2020. Those briefs shall bear a light green cover. The brief of any amicus curiae in support of Mnuchin, et al., or in support of Court-appointed amicus curiae, shall be filed by Friday, October 30, 2020. Those briefs shall bear a dark green cover. VIDED.
Aug 19 2020Blanket Consent filed by Mnuchin, Steven T., et al. VIDED.
Blanket Consent
Sep 15 2020Blanket Consent filed by Petitioner, Patrick J. Collins, et al.
Blanket Consent
Sep 16 2020SET FOR ARGUMENT on Wednesday, December 9, 2020. VIDED.
Sep 16 2020Brief of Patrick J. Collins, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 22 2020Brief amicus curiae of Timothy Howard filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2020Brief amicus curiae of New Civil Liberties Alliance filed.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2020Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2020Brief amici curiae of Institutional Investors in Fannie Mae and Freddie Mac filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2020Brief amicus curiae of Thomas P. Vartanian filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2020Brief amici curiae of Scholars filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2020Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2020Brief amici curiae of Bryndon Fisher, et al. in support of neither party filed.(in 19-563)
Main DocumentCertificate of Word CountProof of Service
Oct 08 2020Record requested from the U.S.C.A. 5th Circuit.
Oct 14 2020Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 16 2020Brief of Court-appointed amicus curiae filed. VIDED
Main DocumentProof of ServiceCertificate of Word Count
Oct 23 2020Reply and Response Brief for the Federal Parties filed. VIDED. (Distributed)
Proof of ServiceMain Document
Oct 27 2020CIRCULATED
Oct 30 2020Motion for enlargement of time for oral argument and for divided argument filed by the Acting Solicitor General. VIDED.
Main DocumentProof of Service
Oct 30 2020Brief amicus curiae of Constitutional Accountability Center filed. VIDED (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 30 2020Brief amicus curiae of Professor John Harrison filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 30 2020Brief amicus curiae of Jed H. Shugerman filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Nov 09 2020Motion of the Acting Solicitor General for enlargement of time for oral argument and for divided argument GRANTED, and the time is allotted as follows: 35 minutes for the Acting Solicitor General, 15 minutes for the Court-appointed amicus curiae, and 40 minutes for Patrick Collins, et al. VIDED.
Nov 19 2020Reply of petitioners Patrick J. Collins, et al. filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 09 2020Argued. For federal parties: Hashim M. Mooppan, Counselor to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: Aaron L. Nielson, Provo, Utah. For petitioners in 19-422 & respondents in 19-563: David H. Thompson, Washington, D. C. VIDED.
Mar 18 2021Letter of the federal parties notifying the Court of amendments to the Preferred Stock Purchase Agreements between Treasury and FHFA on behalf of Fannie Mae and Freddie Mac filed. VIDED. (Distributed)
Main DocumentOtherOther
Mar 31 2021Letter in response of Patrick J. Collins, et al. filed. VIDED. (Distributed)
Main Document
Jun 23 2021Adjudged to be AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART, and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Kavanaugh, and Barrett, JJ., joined in full; in which Kagan and Breyer, JJ., joined as to all but Part III–B; in which Gorsuch, J., joined as to all but Part III–C; and in which Sotomayor, J., joined as to Parts I, II, and III–C. Thomas, J., filed a concurring opinion. Gorsuch, J., filed an opinion concurring in part. Kagan, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer and Sotomayor, JJ., joined as to Part II. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Breyer, J., joined. VIDED.
Jul 26 2021JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioners
Charles Justin Cooper
    Counsel of Record
Cooper & Kirk, PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036

ccooper@cooperkirk.com
202-220-9600
Party name: Patrick J. Collins, et al.
David H. ThompsonCooper & Kirk, PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036

dthompson@cooperkirk.com
202-220-9600
Party name: Patrick J. Collins, et al.
Attorneys for Respondents
Aaron Lloyd Nielson
    Counsel of Record
J. Reuben Clark Law School
Brigham Young University
516 JRCB
Provo, UT 84602

nielsona@law.byu.edu
801-422-2669
Party name: Court-appointed amicus curiae
Elizabeth B. Prelogar
    Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: Janet L. Yellen, Secretary of the Treasury, et al.
Other
Matthew P. Cavedon
    Counsel of Record
P.O. Box 390
Gainesville, GA 30503

mcavedon@post.harvard.edu
8605389130
Party name: Scholars
Cynthia Fleming Crawford
    Counsel of Record
Americans for Prosperity Foundation
1310 N. Courthouse Road
7th Floor
Arlington, VA 22201

ccrawford@afphq.org
5713292227
Party name: Americans for Prosperity Foundation
Linda Ceilia Goldstein
    Counsel of Record
Dechert, LLP
1095 Avenue of the Americas
New York, NY 10036

linda.goldstein@dechert.com
212-698-3817
Party name: Thomas P. Vartanian
Brianne Jenna Gorod
    Counsel of Record
Constitutional Accountability Center
1200 18th Street, NW
Suite 501
Washington, DC 20036

brianne@theusconstitution.org
202 296 6889
Party name: Constitutional Accountability Center
John Harrison
    Counsel of Record
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903

jharrison@law.virginia.edu
4349243093
Party name: Professor John Harrison
Rachel F Homer
    Counsel of Record
Protect Democracy Project
2020 Pennsylvania Avenue NW, #163
Washington, DC 20001

rachel.homer@protectdemocracy.org
202-997-2166
Party name: Jed H. Shugerman
Jason Alan Levine
    Counsel of Record
Vinson & Elkins LLP
2200 Pennsylvania Avenue, NW
Suite 500 - West
Washington, DC 20037

jlevine@velaw.com
2026396755
Party name: Blackwells Capital LLC
Jason Alan Levine
    Counsel of Record
Alston & Bird LLP
950 F Street, NW
Washington, DC 20004

jason.levine@alston.com
2022393039
Party name: Timothy Howard
Jeffrey Wilson McCoy
    Counsel of Record
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814

jmccoy@pacificlegal.org
916-419-7111
Party name: Pacific Legal Foundation
Lawrence David Rosenberg
    Counsel of Record
51 Louisiana Avenue, NW
Washington, DC 20001-2113

ldrosenberg@jonesday.com
202-879-3939
Party name: Institutional Investors in Fannie Mae and Freddie Mac
Richard A. Samp
    Counsel of Record
1225 19th Street NW, Suite 450
Washington, DC 20036

rasamp@verizon.net
202-869-5210
Party name: New Civil Liberties Alliance
Robert Carter Schubert
    Counsel of Record
Schubert Jonckheer & Kolbe LLP
Three Embarcadero Center
San Francisco, CA 94111

rschubert@sjk.law
415-788-4220
Party name: Bryndon Fisher, Bruce, Reid, and Erick Shipmon