FLEMING v. UNITED STATES DEPT. OF AGRICULTURE

No. 17-1246 Consolidated with 17-1249, 17-1250.

987 F.3d 1093 (2021)

Joe FLEMING, Individually, and as Joe Fleming Stables, Petitioner v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Reargued April 17, 2020.

Decided February 16, 2021.


Attorney(s) appearing for the Case

David Broiles argued the cause for petitioners. With him on the brief was Karin Cagle .

Ilya Shapiro was on the brief for amicus curiae Cato Institute in support of petitioners.

Michael Pepson and R. James Valvo, III were on the brief for amicus curiae Americans for Prosperity Foundation in support of petitioners.

Aditya Dynar was on the brief for amicus curiae The New Civil Liberties Alliance in support of petitioners.

Hashim M. Mooppan , Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Mark R. Freeman , Mark B. Stern , Washington, DC, Joshua M. Salzman , Daniel Aguilar , and Amanda L. Mundell , Attorneys.

Pratik A. Shah , appointed by the court, argued the cause as amicus curiae. With him on the briefs were Z.W. Julius Chen , and Rachel Bayefsky , Washington, DC.

Alan B. Morrison and Richard J. Pierce, Jr. were on the brief for amici curiae Alan B. Morrison et al., in support of appointed amicus curiae.

Robert J. Lesnick was on the brief for amicus curiae The Federal Administrative Law Judges Conference in support of appointed amicus curiae.

Danette L. Walker (Mincey) was on the brief for amicus curiae Association of Administrative Law Judges in support of appointed amicus curiae.

Marilyn Dixon Zahm was on the brief for amicus curiae SSA ALJ Collective in support of appointed amicus curiae.

Before: Srinivasan, Chief Judge, and Katsas and Rao, Circuit Judges.


The petitions for review in these cases ask us to set aside decisions of the Department of Agriculture imposing sanctions on petitioners for violating the Horse Protection Act, 15 U.S.C. § 1821 et seq. After the petitions for review were filed, the Supreme Court decided Lucia v. S.E.C., ___ U.S. ___, ...

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