Relentless Chevron Petitioners Seek to Dispense With Joint Appendix in Their Case
Relentless, Huntress and Seafreeze Fleet, the second set of U.S. Supreme Court petitioners seeking to overrule Chevron (see 2310130064), seek leave to dispense with the requirement of a joint appendix, said their motion Wednesday (docket 22-1219). The government respondents, including…
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the Commerce Department and Commerce Secretary Gina Raimondo, agree that a joint appendix isn’t necessary, said their motion. The case presents the “purely legal question” whether SCOTUS should overrule Chevron “or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency,” said the motion. The lower court opinions, plus the relevant portions of the underlying statute involved in the case, are reproduced in the appendix to the Relentless cert petition, it said. “The parties agree that no other portion of the record merits special attention that warrants the preparation and expense of a joint appendix,” it said. Preparation of a joint appendix also wouldn’t “materially assist” SCOTUS in its consideration of the case, it said. The Relentless petitioners’ opening brief is due Nov. 20 (see 2310190001).