Calcutt v. FDIC

U.S. Supreme Court

Question(s) Presented

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.

Tab Group

Petition Stage

U.S. Chamber files amicus brief

March 3, 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.

Case Documents

Sixth Circuit Opinion -- Calcutt v. FDIC (Sixth Circuit).pdf

U.S. Chamber Amicus Brief -- Calcutt v. FDIC (U.S. Supreme Court).pdf