MILICE v. CONSUMER PRODUCT SAFETY COM'N

Attorney(s) appearing for the Case

Jared McClain argued the cause for Milice. With him on the briefs was Peter L. Strauss.

Courtney L. Dixon , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Ethan P. Davis , Acting Assistant Attorney General at the time the brief was filed, Scott R. Mcintosh , Attorney, and J. Gibson Mullan , then-General Counsel, Consumer Product Safety Commission.

Kelly M. Klaus , Rose Leda Ehler , Rachel G. Miller-Ziegler , and J. Blake Cunningham were on the brief for amici curiae American National Standards Institute, et al. in support of respondent. Gary D. Sesser entered an appearance.

J. Kevin Fee and Michael E. Kenneally were on the brief for amicus curiae American Society for Testing and Materials in support of respondent.

Nina A. Mendelson , Allison M. Zieve , and Adina H. Rosenbaum were on the brief for amici curiae Administrative Law Professors in support of neither party.

Before: Rogers, Millett and Wilkins, Circuit Judges.