Monday, May 1, 2017
Today the Supreme Court granted certiorari in Patchak v. Zinke, which will address the separation-of-powers principles stemming from United States v. Klein. The grant is limited to the first question presented:
Does a statute directing the federal courts to “promptly dismiss” a pending lawsuit following substantive determinations by the courts (including this Court’s determination that the “suit may proceed”)—without amending underlying substantive or procedural laws—violate the Constitution’s separation of powers principles?
You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.