United States v. Aurelius Inv., LLC

Background

The Court granted review of a dispute arising from the First Circuit about the Appointments Clause and the de facto officer doctrine. The order consolidates related appeals and schedules argument for the second week of the October 2019 session. Instead of deciding the underlying legal questions, the Court issued a procedural plan for briefing and deadlines.

Reasoning

The Court’s action focuses on managing the process rather than resolving the merits. It directed which groups should file which briefs and when. Parties challenging the First Circuit’s Appointments Clause ruling must file opening briefs by Thursday, July 25, 2019 (light blue cover, 15,000 words). Parties supporting that ruling and challenging the de facto officer doctrine must file a consolidated opening brief by Thursday, August 22, 2019 (light red cover, 20,000 words). Parties challenging the Appointments Clause and supporting the de facto officer ruling must file a consolidated opening brief and reply by Thursday, September 19, 2019 (yellow cover, 13,000 words). A reply limited to the de facto officer issue is due by 2 p.m. on Tuesday, October 8, 2019 (tan cover, 6,000 words). Amicus briefs challenging the Appointments Clause/supporting de facto officer are due August 1 (light green cover, 9,000 words); supporting the Appointments Clause/challenging de facto officer are due August 29 (dark green cover, 9,000 words). Each amicus may file only one brief.

Real world impact

The order forces parties, counsel, and outside groups to meet tight timelines, use color-coded covers, and comply with strict word limits. It fixes the case for argument in October 2019, requiring quick preparation. Because this is a scheduling and procedural order, it does not decide the underlying legal disputes; the final outcome will turn on the forthcoming briefs and the full argument.