McLane Company, Inc. v. EEOC

U.S. Supreme Court

Question(s) Presented

1. Whether a district court’s decision to quash or enforce an EEOC subpoena should be reviewed de novo, which only the Ninth Circuit does, or should be reviewed deferentially, which eight other circuits do, consistent with this Court’s precedents concerning the choice of standards of review.

2. Whether the Ninth Circuit’s decision to enforce an EEOC subpoena, depending upon a notion of relevance so broad that it effectively abrogates statutory limits on the EEOC’s investigative powers, conflicts with EEOC v. Shell Oil, 466 U.S. 54 (1984) and the holdings of at least three other circuits.

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