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
Questions Presented
 
Proceedings and Orders
Sep 25 2019 Petition for a writ of certiorari filed. (Response due October 30, 2019)
Oct 30 2019 Brief of respondents Mnuchin, Steven T., et al. in opposition filed.
Oct 30 2019 Brief amicus curiae of Blackwells Capital LLC filed.
Nov 12 2019 Reply of petitioners Patrick J. Collins, et al. filed.
Dec 11 2019 DISTRIBUTED for Conference of 1/10/2020.
Jun 29 2020 DISTRIBUTED for Conference of 7/1/2020.
Jul 08 2020 DISTRIBUTED for Conference of 7/8/2020.
Jul 09 2020 Petition 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 2020 Because 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 2020 Aaron 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 2020 Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.
Aug 17 2020 Brief of Federal Parties filed. (in 19-563)
Aug 18 2020 Mnuchin, 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 2020 Blanket Consent filed by Mnuchin, Steven T., et al. VIDED.
Sep 15 2020 Blanket Consent filed by Petitioner, Patrick J. Collins, et al.
Sep 16 2020 SET FOR ARGUMENT on Wednesday, December 9, 2020. VIDED.
Sep 16 2020 Brief of Patrick J. Collins, et al. filed. VIDED.
Sep 22 2020 Brief amicus curiae of Timothy Howard filed. VIDED.
Sep 23 2020 Brief amicus curiae of New Civil Liberties Alliance filed.
Sep 23 2020 Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
Sep 23 2020 Brief amici curiae of Institutional Investors in Fannie Mae and Freddie Mac filed. VIDED.
Sep 23 2020 Brief amicus curiae of Thomas P. Vartanian filed. VIDED.
Sep 23 2020 Brief amici curiae of Scholars filed. VIDED.
Sep 23 2020 Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Sep 23 2020 Brief amici curiae of Bryndon Fisher, et al. in support of neither party filed.(in 19-563)
Oct 08 2020 Record requested from the U.S.C.A. 5th Circuit.
Oct 14 2020 Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 16 2020 Brief of Court-appointed amicus curiae filed. VIDED
Oct 23 2020 Reply and Response Brief for the Federal Parties filed. VIDED. (Distributed)
Oct 27 2020 CIRCULATED
Oct 30 2020 Motion for enlargement of time for oral argument and for divided argument filed by the Acting Solicitor General. VIDED.
Oct 30 2020 Brief amicus curiae of Constitutional Accountability Center filed. VIDED (Distributed)
Oct 30 2020 Brief amicus curiae of Professor John Harrison filed. (Distributed)
Oct 30 2020 Brief amicus curiae of Jed H. Shugerman filed. VIDED. (Distributed)
Nov 09 2020 Motion 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 2020 Reply of petitioners Patrick J. Collins, et al. filed. VIDED. (Distributed)
Dec 09 2020 Argued. 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 2021 Letter 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)
Mar 31 2021 Letter in response of Patrick J. Collins, et al. filed. VIDED. (Distributed)
Jun 23 2021 Adjudged 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 2021 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioner
Charles Justin Cooper
Counsel of Record
Cooper & Kirk, PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036

ccooper@cooperkirk.com
Ph: 202-220-9600
Party name: Patrick J. Collins, et al.


David H. Thompson
Cooper & Kirk, PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036

DTHOMPSON@COOPERKIRK.COM
Ph: 202-220-9600
Party name: Patrick J. Collins, et al.


Attorneys for Respondents
Brian H. Fletcher
Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
Ph: 202-514-2217
Party name: Janet L. Yellen, Secretary of the Treasury, et al.


Aaron Lloyd Nielson
Counsel of Record
Office of the Texas Attorney General
P.O. Box 12548 (MC-059)
Austin, TX 78711-2548

aaron.nielson@oag.texas.gov
Ph: 512-936-1700
Party name: Court-appointed amicus curiae


Other Attorneys
Matthew P. Cavedon
Cato Institute
1000 Massachusetts Ave. NW
Washington, DC 20001

mcavedon@cato.org
Ph: 706-309-2859
Party name: Scholars


Cynthia Fleming Crawford
Americans for Prosperity Foundation
4201 Wilson Blvd.
Suite 1000
Arlington, VA 22203

CCRAWFORD@AFPHQ.ORG
Ph: 5713292227
Party name: Americans for Prosperity Foundation


Linda Ceilia Goldstein
Dechert, LLP
1095 Avenue of the Americas
New York, NY 10036

linda.goldstein@dechert.com
Ph: 212-698-3817
Party name: Thomas P. Vartanian


Brianne Jenna Gorod
Constitutional Accountability Center
1730 Rhode Island Ave. NW
Suite 1200
Washington, DC 20036

BRIANNE@THEUSCONSTITUTION.ORG
Ph: 202 296 6889
Party name: Constitutional Accountability Center


John Harrison
580 Massie Road
Charlottesville, VA 22903

jh8m@virginia.edu
Ph: 4349243093
Party name: Professor John Harrison


Rachel F Homer
Protect Democracy Project
2020 Pennsylvania Avenue NW, #163
Washington, DC 20001

rachel.homer@protectdemocracy.org
Ph: 202-997-2166
Party name: Jed H. Shugerman


Jason Alan Levine
Alston & Bird LLP
950 F Street, NW
Washington, DC 20004

jason.levine@alston.com
Ph: 2022393039
Party name: Blackwells Capital LLC


Jason Alan Levine
Alston & Bird LLP
950 F Street, NW
Washington, DC 20004

jason.levine@alston.com
Ph: 2022393039
Party name: Timothy Howard


Jeffrey Wilson McCoy
Pacific Legal Foundation
1745 Shea Center Drive, Suite 400
Highlands Ranch, CO 80129

jmccoy@pacificlegal.org
Ph: 916-419-7111
Party name: Pacific Legal Foundation


Lawrence David Rosenberg
51 Louisiana Avenue, NW
Washington, DC 20001-2113

LDROSENBERG@JONESDAY.COM
Ph: 202-879-3939
Party name: Institutional Investors in Fannie Mae and Freddie Mac


Richard A. Samp
New Civil Liberties Alliance
1225 19th Street NW, Suite 450
Washington, DC 20036

rasamp@verizon.net
Ph: 202-869-5210
Party name: New Civil Liberties Alliance


Robert Carter Schubert
Schubert Jonckheer & Kolbe LLP
Three Embarcadero Center
San Francisco, CA 94111

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