Walmart, Inc. v. Department of Justice

U.S. Court of Appeals for the Fifth Circuit

Tab Group

Merits Stage

Fifth Circuit affirms dismissal of Walmart’s declaratory judgment action against the Department of Justice

December 22, 2021

The court held that the suit is barred by sovereign immunity and fails to present a ripe case or controversy. The U.S. Chamber filed a coalition amicus brief supporting judicial review of subregulatory guidance.

U.S. Chamber files coalition amicus brief urging Fifth Circuit to review federal agency enforcement of subregulatory guidance that avoids the procedural requirements of the Administrative Procedure Act

May 17, 2021

Click here to view the coalition amicus brief. Megan L. Brown, Stephen J. Obermeier, and Jeremy J. Broggi of Wiley Rein LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Previously, the U.S. Chamber filed an amicus brief in the district court.

Case Documents

District Court Opinion -- Walmart, Inc. v. DOJ (E.D. Tex.).pdf

U.S. Chamber Coalition Amicus Brief -- Walmart, Inc. v. DOJ (Fifth Circuit).pdf

Opinion -- Walmart, Inc. v. DOJ (Fifth Circuit).pdf