U.S. Supreme Court
Lower Court Opinion
1. Whether SEC v. Chenery Corp., 318 U.S. 80 (1943) and its progeny required the Sixth Circuit to remand the case to the agency after determining that the agency had applied the wrong legal standards.
2. Whether Collins v. Yellen, 141 S. Ct. 1761 (2021) requires separation-of-powers challengers to offer concrete proof of prejudice as a prerequisite to courts resolving separation-of-powers challenges to removal restrictions on the merits.
Supreme Court holds that the Sixth Circuit erred in refusing to remand a matter to the agency for reconsideration after identifying several errors in the agency’s reasoning and instead conducting its own review of the record
May 22, 2023
Click here to view the opinion.
U.S. Chamber files amicus brief
March 03, 2023
The brief urges the Supreme Court to grant review and hold that parties challenging a federal officer’s unconstitutional protection from removal deserve an injunction against such insulation from executive oversight without any proof that it altered agency action.
Andrew J. Pincus and Avi M. Kupfer of Mayer Brown LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.