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.
Fully Briefed and Argued
February 21, 2017
On Behalf of Petitioner
McLane Company, Inc.
Allyson N. Ho, Dallas, Tex.
On Behalf of Respondent
Equal Employment Opportunity Commission
Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
On Behalf of Court-appointed amicus curiae
Stephen B. Kinnaird, Washington, D. C.
Brief for Court-Apponted Amicus Curiae (pdf download)
Brief for Petitioner (pdf download)
Brief for Respondent (pdf download)
Reply Brief for Petitioner (pdf download)
Reply Brief for Respondent (pdf download)
Amicus Curiae Briefs
Brief for Law Professors in Support of Petitioner (pdf download)
Brief for the Equal Employment Advisory Council, Chamber Of Commerce of the United States of America And National Federation of Independent Business Small Business Legal Center in Support of Petitioner (pdf download)
United States Court of Appeals for the Ninth Circuit
October 27, 2015