United States House of Reps. v. Steven Mnuchin (En Banc Order)

• Court: Court of Appeals for the D.C. Circuit
• Decided: March 13, 2020
• Docket: 19-5176
• Status: Published

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 19-5176 September Term, 2019 1:19-cv-00969-TNM Filed On: March 13, 2020 United States House of Representatives,

Appellant

v.

Steven T. Mnuchin, in his official capacity as Secretary of the United States Department of the Treasury, et al.,

Appellees _____________

No. 19-5331 1:19-cv-02379-KBJ Committee on the Judiciary of the United States House of Representatives,

Appellee

Donald F. McGahn, II,

BEFORE: Srinivasan, Chief Judge, and Henderson, Rogers, Tatel, Garland, Griffith, Millett, Pillard, Wilkins, Katsas*, and Rao*, Circuit Judges

ORDER

On March 6, 2020, the Committee on the Judiciary timely filed a petition for rehearing en banc in Committee on the Judiciary of the U.S. House of Representatives v. McGahn, No. 19-5331 (D.C. Cir. Feb. 28, 2020). In U.S. House of Representatives v. Mnuchin, No. 19-5176, the panel requested a vote of the en banc court to determine whether to rehear Mnuchin en banc in light of the common issue of Article III standing presented in that case and McGahn. See D.C. Circuit Handbook of Practice and Internal Procedures 60 (2019) (judge may suggest en banc consideration prior to panel decision); Fields v. Office of Eddie Bernice Johnson, No. 04-5315 (D.C. Cir. Apr. 29, 2005) (en banc) (en banc review granted in two cases presenting common issue); United States v. Crowder, No. 92-3133 (D.C. Cir. May 17, 1995) (en banc) (same).

* Circuit Judges Katsas and Rao did not participate in these matters. United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 19-5176 September Term, 2019 No. 19-5331 A vote was taken and a majority of the judges eligible to participate voted to rehear McGahn and Mnuchin en banc. Upon consideration of the foregoing, it is

ORDERED that the petition for rehearing en banc filed in McGahn, No. 19-5331, be granted and the judgment in that case filed February 28, 2020, be vacated. It is

FURTHER ORDERED that these cases be scheduled for oral argument before the en banc court on Tuesday, April 28, 2020. Senior Circuit Judge Sentelle, a member of the merits panel in Mnuchin, will sit on the en banc panel for that case only. It is

FURTHER ORDERED that the parties and amici curiae in Mnuchin provide 30 additional paper copies of their previously filed briefs and joint appendix to the court by 4:00 p.m. on March 26, 2020. It is

FURTHER ORDERED that the parties and amici curiae in McGahn provide 30 additional paper copies of their previously filed briefs, supplemental briefs, and joint appendix to the court by 4:00 p.m. on March 26, 2020. It is

FURTHER ORDERED that the parties file supplemental briefs in each case, not to exceed 6,500 words, addressing only Article III standing. The following supplemental briefing schedule will apply in these cases:

Appellant’s Brief in McGahn, No. 19-5331 March 30, 2020, by 4:00 p.m. Appellant’s Brief in Mnuchin, No. 19-5176

Appellee’s Brief in McGahn, No. 19-5331 April 16, 2020, by 4:00 p.m. Appellee’s Brief in Mnuchin, No. 19-5176

In addition to electronic filing, the parties are to submit 30 paper copies of their supplemental briefs to the court by the time and date due.

Because the briefing schedule is keyed to the date of argument, the court will grant requests for extension of time limits only for extraordinarily compelling reasons. All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).

A separate order will issue regarding allocation of oral argument time.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

BY: /s/ Michael C. McGrail Deputy Clerk

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