Supreme Court Review 2016/2017 TERM
SUNDAY, JUNE 25, 2017
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Issue:  EEOC subpoena enforcement

McLane Co. v. EEOC

15-1248

QUESTION(S) PRESENTED

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.

DECISION

Decided April 3, 2017 HOLDING

A district court’s decision whether to enforce or quash an EEOC subpoena should be reviewed for abuse of discretion, not de novo.

Agree image Justice Kagan
Agree Kagan
Agree image Justice Alito
Agree Alito
Concur Dissent image Justice Ginsburg
Concur Dissent Ginsburg
Agree image Justice Kennedy
Agree Kennedy
Agree image Chief Justice Roberts
Agree Roberts
Agree image Justice Thomas
Agree Thomas
Agree image Justice Breyer
Agree Breyer
Author image Justice Sotomayor
Author Sotomayor
Recused image Justice Gorsuch
Recused Gorsuch

SOTOMAYOR, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, THOMAS, BREYER, ALITO, and KAGAN, JJ., joined. GINSBURG, J., filed an opinion concurring in part and dissenting in part.

Text of Opinion
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ORAL ARGUMENT

Argued February 21, 2017

Appearences
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.
Transcript
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Audio
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Merit Briefs
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)

CERTIORARI STAGE

Granted September 29, 2016

Certiorari Stage Documents
      (pdf download)
Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the Ninth Circuit
Decided October 27, 2015
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