Respondents Brief — National Postal Policy Council, et al., Petitioners v. Postal Regulatory Commission, et al.

Supreme Court briefMay 18, 2022

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No. 21-1124

In the Supreme Court of the United States

NATIONAL POSTAL POLICY COUNCIL, ET AL.,

PETITIONERS

v.

POSTAL REGULATORY COMMISSION, ET AL.

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

BRIEF FOR RESPONDENT POSTAL REGULATORY

COMMISSION IN OPPOSITION

ELIZABETH B. PRELOGAR

Solicitor General

Counsel of Record

BRIAN M. BOYNTON

Principal Deputy Assistant

Attorney General

MICHAEL S. RAAB

DANA KAERSVANG

MICHAEL SHIH

Attorneys

Department of Justice

Washington, D.C. 20530-0001

SupremeCtBriefs@usdoj.gov

(202) 514-2217

QUESTION PRESENTED

In the Postal Accountability and Enhancement Act

(2006 Act), Pub. L. No. 109-435, 120 Stat. 3198, Congress directed the Postal Regulatory Commission to “establish,” and authorized it thereafter to “revise,” a “system for regulating rates and classes for market-dominant

products” of the U.S. Postal Service—products over

which the Postal Service possesses statutory exclusivity

or exercises sufficient market power to set prices.

39 U.S.C. 3622(a). The 2006 Act prescribed nine “objectives” that the system must “be designed to achieve,”

39 U.S.C. 3622(b) (capitalization omitted), as well as

“factors” to be taken into account “[i]n establishing or

revising such system,” 39 U.S.C. 3622(c) (capitalization

omitted). Congress also set forth various requirements

for the system, 39 U.S.C. 3622(d)(1) and (2), including

that it limit annual rate increases based on inflation,

39 U.S.C. 3622(d)(1)(A).

Congress directed the Commission, after ten years

and “as appropriate thereafter,” to “review the system”

it had established to determine whether that system

was achieving the stated “objectives,” taking into account the enumerated “factors.” 39 U.S.C. 3622(d)(3).

Section 3622(d)(3) authorizes the Commission, if it determines that the system is not achieving those objectives, to “make such modification or adopt such alternative system for regulating rates and classes for marketdominant products as necessary to achieve the objectives.” Ibid. The question presented is as follows:

Whether Congress’s authorization to the Commission to “make such modifications or adopt such alternative system * * * as necessary to achieve the” statute’s

enumerated “objectives,” 39 U.S.C. 3622(d)(3), violates

the nondelegation doctrine.

(I)

TABLE OF CONTENTS

Page

Opinions below .............................................................................. 1

Jurisdiction .................................................................................... 1

Statement ...................................................................................... 1

Argument..................................................................................... 11

Conclusion ................................................................................... 26

TABLE OF AUTHORITIES

Cases:

A. L. A. Schechter Poultry Corp. v. United States,

295 U.S. 495 (1935).............................................................. 19

American Power & Light Co. v. SEC,

329 U.S. 90 (1946) ........................................18, 19, 20, 21, 25

Avent v. United States, 266 U.S. 127 (1924) ....................... 22

The Cargo of the Brig Aurora v. United States,

11 U.S. (7 Cranch) 382 (1813) ...................................... 18, 25

Chevron U.S.A. Inc. v. Natural Res. Def. Council,

Inc., 467 U.S. 837 (1984) ..................................................... 16

CSX Transp., Inc. v. McBride, 564 U.S. 685 (2011) ........ 25

Fahey v. Mallonee, 332 U.S. 245 (1947) .............................. 19

Federal Power Comm’n v. Hope Natural Gas Co.,

320 U.S. 591 (1944)........................................................ 19, 22

Gundy v. United States,

139 S. Ct. 2116 (2019) ..................................... 15, 18, 19, 23

Hilton v. South Carolina Pub. Rys. Comm’n,

502 U.S. 197 (1991) .......................................................... 25

J. W. Hampton, Jr., & Co. v. United States,

276 U.S. 394 (1928).......................................10, 17, 18, 19, 25

Jennings v. Rodriguez, 138 S. Ct. 830 (2018) .................. 15

Kimble v. Marvel Entm’t, LLC, 576 U.S. 446 (2015) ... 24, 25

Kisor v. Wilkie, 139 S. Ct. 2400 (2019) ............................. 25

Lichter v. United States, 334 U.S. 742 (1948) ..................... 19

(III)

IV

Cases—Continued:

Page

Loving v. United States, 517 U.S. 748 (1996) ..................... 19

Marshall Field & Co. v. Clark, 143 U.S. 649 (1892) ..... 18, 25

Michigan v. Bay Mills Indian Cmty.,

572 U.S. 782 (2014)........................................................ 24, 25

Mistretta v. United States,

488 U.S. 361 (1989) ......................................... 17, 18, 19, 20

National Ass’n of Greeting Card Publishers v.

United States Postal Serv., 462 U.S. 810 (1983) ...... 1, 2, 23

National Broad. Co. v. United States,

319 U.S. 190 (1943)........................................................ 19, 22

Panama Ref. Co. v. Ryan, 293 U.S. 388 (1935) .................. 19

Payne v. Tennessee, 501 U.S. 808 (1991) ............................ 25

Skinner v. Mid-America Pipeline Co.,

490 U.S. 212 (1989).............................................................. 23

Touby v. United States, 500 U.S. 160 (1991)....................... 19

United States v. Grimaud, 220 U.S. 506 (1911) ................. 18

United States Postal Serv. v. Postal Regulatory

Comm’n, 785 F.3d 740 (D.C. Cir. 2015) .......................... 2, 4

Vasquez v. Hillery, 474 U.S. 254 (1986) .............................. 24

Whitman v. American Trucking Ass’ns,

531 U.S. 457 (2001)................................. 10, 11, 17, 19, 20, 22

Yakus v. United States,

321 U.S. 414 (1944) ......................................... 17, 19, 22, 23

Constitution, statutes, and rule:

U.S. Const. Art. I, § 1 ............................................................ 17

Clean Air Act, 42 U.S.C. 7401 et seq. ................................... 16

42 U.S.C. 7411 .................................................................. 16

National Industrial Recovery Act, ch. 90,

48 Stat. 195 .......................................................................... 19

Postal Accountability and Enhancement Act,

Pub. L. No. 109-435, 120 Stat. 3198 .................................... 2

V

Statutes and rule—Continued:

Page

Postal Reorganization Act, Pub. L. No. 91-375,

84 Stat. 719 (39 Stat. 101 et seq.):

§ 3621, 84 Stat. 760 ............................................................ 2

39 U.S.C. 201 .................................................................... 20

39 U.S.C. 3622 ......................................................... passim

39 U.S.C. 3622(a) ..........................................2, 4, 12, 14, 20

39 U.S.C. 3622(b) ....................................3, 4, 12, 21, 23, 24

39 U.S.C. 3622(b)(1) .......................................................... 8

39 U.S.C. 3622(b)(2) .......................................................... 8

39 U.S.C. 3622(b)(6) .......................................................... 8

39 U.S.C. 3622(b)(8) .......................................................... 8

39 U.S.C. 3622(c) ......................................................... 3, 12

39 U.S.C. 3622(c)(1) ........................................................... 4

39 U.S.C. 3622(c)(3) ........................................................... 4

39 U.S.C. 3622(c)(7) ........................................................... 4

39 U.S.C. 3622(c)(12) ......................................................... 4

39 U.S.C. 3622(c)(14) ......................................................... 4

39 U.S.C. 3622(d) ......................................................... 4, 14

39 U.S.C. 3622(d)(1) .............................................. 4, 12, 13

39 U.S.C. 3622(d)(1)(A) ............................................... 4, 14

39 U.S.C. 3622(d)(2) .............................................. 4, 12, 13

39 U.S.C. 3622(d)(3) ............................................... passim

39 U.S.C. 3642(b)(1) .......................................................... 2

39 U.S.C. 3642(b)(2) .......................................................... 2

39 U.S.C. 3663 .............................................................. 9, 16

Sup. Ct. R. 10 ......................................................................... 16

Miscellaneous:

United States Bureau of Labor Statistics,

Department of Labor, Consumer Price Index,

https://www.bls.gov/cpi/ (last visited May 17, 2022).......... 4

In the Supreme Court of the United States

No. 21-1124

NATIONAL POSTAL POLICY COUNCIL, ET AL.,

PETITIONERS

v.

POSTAL REGULATORY COMMISSION, ET AL.

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

BRIEF FOR RESPONDENT POSTAL REGULATORY

COMMISSION IN OPPOSITION

OPINIONS BELOW

The opinion of the court of appeals (Pet. App. 1a-30a)

is reported at 17 F.4th 1184. The order of the Postal Regulatory Commission (C.A. App. 2305-2788, excerpted at

Pet. App. 31a-93a) is unreported.

JURISDICTION

The judgment of the court of appeals was entered on

November 12, 2021. The petition for a writ of certiorari

was filed on February 10, 2022. The jurisdiction of this

Court is invoked under 28 U.S.C. 1254(1).

STATEMENT

1. a. For most of the Nation’s history, Congress regulated postal rates directly. See National Ass’n of Greeting Card Publishers v. United States Postal Serv.,

(1)

2

462 U.S. 810, 813 (1983). In 1970, Congress conferred

ratemaking authority on an agency (the Commission)

that was previously known as the Postal Rate Commission and is now called the Postal Regulatory Commission. Postal Reorganization Act, Pub. L. No. 91-375,

§ 3621, 84 Stat. 760. That grant of authority reflected

Congress’s recognition “that the increasing economic,

accounting, and engineering complexity of ratemaking

issues” made them ill-suited for Congress and its staff,

and that ratemaking duties were better entrusted to an

“expert[ ]” agency “composed of ‘professional economists, trained rate analysts, and the like.’ ” Greeting

Card Publishers, 462 U.S. at 822-823 (citation omitted).

b. In 2006, Congress enacted the Postal Accountability and Enhancement Act (2006 Act), Pub. L. No.

109-435, 120 Stat. 3198, to “reform[ ]” certain aspects of

the then-existing “ratemaking scheme.” United States

Postal Serv. v. Postal Regulatory Comm’n, 785 F.3d

740, 744 (D.C. Cir. 2015) (USPS). Among other things,

Congress directed that the “Commission shall * * * by

regulation establish * * * a modern system for regulating rates and classes of market-dominant products,”

39 U.S.C. 3622(a)—i.e., products over which the Postal

Service either “enjoys a statutory monopoly” or “exercises sufficient market power so that it can effectively

dictate the[ir] price,” USPS, 785 F.3d at 744 (citing

39 U.S.C. 3642(b)(1) and (2)). The 2006 Act further provides that, having established such a system, the Commission “may * * * revise” it “from time to time thereafter.” 39 U.S.C. 3622(a).

Congress provided several forms of guidance for the

Commission’s establishment and revision of the new

ratemaking system. First, Congress specified nine “objectives” that the system “shall be designed to achieve”:

3

(1) To maximize incentives to reduce costs and increase efficiency.

(2) To create predictability and stability in rates.

(3) To maintain high quality service standards established under [39 U.S.C.] 3691.

(4) To allow the Postal Service pricing flexibility.

(5) To assure adequate revenues, including retained earnings, to maintain financial stability.

(6) To reduce the administrative burden and increase the transparency of the ratemaking process.

(7) To enhance mail security and deter terrorism.

(8) To establish and maintain a just and reasonable schedule for rates and classifications, however

the objective under this paragraph shall not be construed to prohibit the Postal Service from making

changes of unequal magnitude within, between, or

among classes of mail.

(9) To allocate the total institutional costs of

the Postal Service appropriately between marketdominant and competitive products.

39 U.S.C. 3622(b) (capitalization omitted). Congress instructed the Commission to “appl[y]” each of those objectives “in conjunction with the others.” Ibid.

Congress also identified a list of “factors” that the

Commission “shall take into account” “[i]n establishing

or revising” its new ratemaking system for marketdominant products. 39 U.S.C. 3622(c) (capitalization

omitted). Those factors include, inter alia, “the value

of the mail service” supplied, the “effect of rate increases” on mail users and the public, “the importance

of pricing flexibility,” the “need for the Postal Service

4

to increase its efficiency and reduce its costs,” and “the

policies of [the 2006 Act].” 39 U.S.C. 3622(c)(1), (3), (7),

(12), and (14). Congress did not make the enumerated

factors exclusive, but instead directed the Commission

to take into account “such other factors as the Commission determines appropriate.” 39 U.S.C. 3622(c)(14).

Finally, Congress specified several particular “requirements” that the new system must satisfy. 39 U.S.C.

3622(d) (capitalization omitted); see 39 U.S.C. 3622(d)(1)

and (2). Most relevant here, the system must limit

annual rate increases to annual changes in a particular

measure of inflation: “the Consumer Price Index for All

Urban Consumers,” 39 U.S.C. 3622(d)(1)(A), known

as the CPI, see United States Bureau of Labor Statistics, Department of Labor, Consumer Price Index,

https://www.bls.gov/cpi/ (explaining that the CPI “is a

measure of the average change over time in the prices

paid by urban consumers for a market basket of consumer goods and services”); USPS, 785 F.3d at 744-745.

In addition to authorizing the Commission to “revise” its new system “from time to time,” 39 U.S.C.

3622(a), the 2006 Act specifically instructs the Commission to conduct periodic notice-and-comment reviews

to determine whether the system is achieving Section

3622(b)’s “objectives.” 39 U.S.C. 3622(d)(3). Section

3622(d)(3) directs that, “[t]en years after the date of enactment of the [2006 Act] and as appropriate thereafter,

the Commission shall review the system for regulating

rates and classes for market-dominant products established under this section to determine if the system is

achieving the objectives in [Section 3622](b), taking into

account the factors in [Section 3622](c).” Ibid. Section

3622(d)(3) then states that,

5

[i]f the Commission determines, after notice and opportunity for public comment, that the system is not

achieving the objectives in [Section 3622](b), taking

into account the factors in [Section 3622](c), the

Commission may, by regulation, make such modification or adopt such alternative system for regulating rates and classes for market-dominant products

as necessary to achieve the objectives.

Ibid.

2. a. In 2017, following its review of the system it

had established under the 2006 Act, the Commission determined that, “while some aspects of the system of regulating rates and classes for market dominant products

have worked as planned, overall, the system has not

achieved the objectives of the [2006 Act].” C.A. App.

368; see generally id. at 361-653; Pet. App. 6a-7a. In

particular, the Commission found that, although the

Postal Service had “generally achieved short-term financial stability” under the Commission’s initial system, “both medium-term and long-term financial stability measures ha[d] not been achieved.” C.A. App. 367.

The Commission noted that, “while some cost reductions and efficiency gains [had] occurred, * * * the incentives were not maximized in a way that allowed the

Postal Service to achieve financial stability.” Ibid. In

addition, “there was not an adequate mechanism to

maintain reasonable rates * * * because certain products and classes failed to cover their attributable costs,

further threatening the financial health of the Postal

Service.” Ibid.; see id. at 2320.

The Commission found that, in the decade after the

2006 Act was enacted, the Postal Service had suffered a

cumulative net loss of approximately $59.1 billion, and

had defaulted on the vast majority of its statutory pay-

6

ment obligations. C.A. App. 534; see id. at 2316-2318.

As a result of that deficit, the Postal Service had resorted to “extraordinary measures to preserve liquidity,” including taking on large amounts of debt, “suspend[ing] all but the most essential capital investments,” and defaulting on congressionally mandated

benefits payments. Id. at 2646.

Based on its examination of the available economic

data, the Commission determined that those outcomes

had occurred because the Postal Service’s “operating

environment” had “rapidly” changed after the 2006

Act’s enactment. C.A. App. 2316. The Great Recession

of 2007 “had a substantial negative impact on Postal

Service volume and revenues.” Ibid. That economic

downturn had coincided with “emergent technological

trends (e.g., email, text messaging, and other electronic

transmission of messages and information) that resulted in even greater volume declines for First-Class

Mail[ ] in particular—the Postal Service’s most profitable

mail class.” Id. at 2317. The Postal Service’s liabilities

had also increased precipitously, due in part to the 2006

Act’s requirement that the Postal Service prefund

health benefits for retirees, which entailed payments

that averaged roughly $5.6 billion annually. Id. at

2316-2317.

The Commission concluded that the problems it had

identified were compounded by the initial system’s inflexible price-cap provision, which rigidly limited the

Postal Service’s ability to raise rates by restricting rate

increases to the rate of inflation reflected in the CPI.

C.A. App. 2323-2330, 2607-2608. The Commission observed that Congress had adopted the price cap in 2006

to “enable the Postal Service to achieve sufficient revenues to cover all of its * * * costs and statutorily man-

7

dated obligations while * * * motivat[ing] the Postal

Service to cut costs and become more efficient.” Id. at

366. It explained that linking potential Postal Service

rate increases to the rate of inflation had been reasonable when the 2006 Act was enacted because the Postal

Service’s finances were stable then, and increases in the

costs of delivering mail were largely correlated with inflation. Id. at 400.

The Commission further explained, however, that

the correlation between mail-delivery costs and inflation had begun to erode almost immediately after the

2006 Act became law. C.A. App. 2593-2594 & n.349. The

period of deflation that followed the 2007 economic

downturn had significantly constrained the Postal Service’s ability to increase rates in response to technological changes and diminishing mail volume. Id. at 2317.

Since 2007, the Postal Service’s costs had risen by more

than 54%, but inflation-based rate authority had risen

by only 27%. Id. at 2399. This “sudden divergence

‘made it extremely challenging for the Postal Service to

manage retained earnings through sustained net income.’ ” Id. at 2594 (citation omitted). Thus, instead, of

creating incentives to increase efficiency, the rate cap

had left the Postal Service “chronically underwater,”

lacking the capital to make efficiency-improving investments. Id. at 2651; see id. at 2612, 2650-2651.

b. The Commission engaged in two rounds of notice

and comment to determine how to address those concerns. C.A. App. 2314. In December 2020, it issued Order No. 5763 (Order), which petitioners have challenged

in this case. C.A. App. 2305-2788; Pet. App. 31a-93a (excerpts); see id. at 7a-10a.

As relevant here, the Order provides for a revised

rate cap, under which the Postal Service may increase

8

rates beyond the rate of inflation in certain limited respects where the initial price cap prevented the ratemaking system from achieving the 2006 Act’s stated objectives. Specifically, the Order authorizes the Postal

Service to raise rates to accommodate declines in mail

density, C.A. App. 2385, and to cover statutorily mandated retirement obligations, id. at 2411-2412; see id. at

2328, 2332. The Order also provides additional ratemaking authority to address certain longstanding problems concerning classes of mail whose revenues do not

cover the costs incurred to provide them because the initial price cap constrained the Postal Service’s ability to

set compensatory rates. Id. at 2493.

The Commission considered and rejected commenters’ objections to its revised rate cap. Those objections

included arguments by commenters who purchase

postal products (collectively, mailers) that the additional rate authority would undermine the statutory objectives of “maximiz[ing] incentives to reduce costs and

increase efficiency,” “creat[ing] predictability and stability in rates,” “increas[ing] the transparency of the

ratemaking process,” and “maintain[ing] a just and reasonable schedule for rates,” 39 U.S.C. 3622(b)(1), (2),

(6), and (8), as well as assertions by the Postal Service

that the additional rate authority the Commission had

proposed was inadequate. See C.A. App. 2390-2410,

2429-2450, 2477-2499, 2587-2591, 2612-2678. After reviewing the available economic data, the Commission

determined that its modified rate cap best advanced the

2006 Act’s objectives taken together. See, e.g., id. at

2581-2582, 2592, 2622-2623.

3. a. Organizations representing mailers—including

petitioners and respondent Association for Postal Commerce (APC)—and the Postal Service petitioned for re-

9

view of the Order in the D.C. Circuit. See 39 U.S.C. 3663;

Pet. App. 3a, 10a. The court of appeals denied requests

to stay the Order and rate increases promulgated thereunder pending judicial review, and increased rates took

effect in August 2021. Pet. App. 10a.

b. The court of appeals denied the petitions for review and upheld the Order. Pet. App. 1a-30a.

Petitioners contended that Section 3622(d)(3) does not

authorize the Commission to permit certain rate increases

that exceed increases in the CPI. The court of appeals

rejected that argument. Pet. App. 10a-16a. The court observed that “[t]he plain text” of Section 3622(d)(3) “permits the Commission to either make minor changes to the

ratemaking system or replace it altogether,” by specifying that the Commission may “ ‘make such modification

or adopt such alternative system for regulating rates and

classes * * * as necessary to achieve the objectives’ ” set

forth in the statute. Id. at 12a (quoting 39 U.S.C.

3622(d)(3)). The court noted that petitioners “d[id] not

contest this interpretation.” Id. at 13a.

Instead, petitioners contended that, even when adopting an “alternative ratemaking system,” the Commission

still “must incorporate the price cap” that the 2006 Act

required to be included in the Commission’s original

ratemaking system. Pet. App. 13a. The court of appeals

rejected that argument. Ibid. The court explained that,

in the context of “§ 3622(a) and (d)(1)(A), ‘system’ refers

broadly to a scheme for ‘regulating rates and classes for

market-dominant products,’ not to the subset of schemes

that comply with the price cap”; that “ ‘system’ most logically means the same in § 3622(d)(3)”; and that the alternative systems that provision authorizes the Commission to adopt “include[ ] rules that do not comply

with the price cap.” Ibid.

10

Petitioners also argued that Section 3622(d)(3)’s directive that the Commission review, and its authorization for the Commission to modify or replace, the system “established under” Section 3622 means that “any

alternate system adopted must also comply with all of

§ 3622’s requirements.” Pet. App. 13a. The court of appeals rejected that contention as well, explaining that

“the phrase ‘established under’ modifies only the system the Commission may review, not the alternative

system it may adopt.” Ibid. The court also rejected petitioners’ contention that Congress’s inclusion of an express “exception to the price cap for emergencies in

§ 3622(d)(1)(E)” bars construing Section 3622(d)(3) to

authorize departures from that cap. Id. at 14a. The

court explained that petitioners’ own reading was inconsistent with the statutory context and structure because

it would “render § 3622(a) superfluous” insofar as it authorizes the Commission to “revise” the ratemaking

system that Congress directed it to adopt. Ibid.

The court of appeals rejected petitioners’ further

contention that the Commission’s reading of Section

3622(d)(3) “runs afoul of the nondelegation doctrine

and should be rejected on constitutional avoidance

grounds.” Pet. App. 16a. The court explained that, under well-settled precedent, “[a] statutory delegation of

authority is constitutional so long as Congress has provided an ‘intelligible principle to which the person or

body authorized to act is directed to conf [o]rm.’ ” Ibid.

(quoting Whitman v. American Trucking Ass’ns,

531 U.S. 457, 472 (2001), in turn quoting J. W. Hampton, Jr., & Co. v. United States, 276 U.S. 394, 409

(1928)) (brackets omitted). The court contrasted Section 3622(d)(3) with the only “two statutes” for which

this Court has found “ ‘the requisite “intelligible princi-

11

ple” lacking’ ”—“ ‘one of which provided literally no

guidance for the exercise of discretion, and the other of

which conferred authority to regulate the entire economy on the basis of no more precise a standard than

stimulating the economy by “assuring fair competition.” ’ ” Id. at 17a (quoting American Trucking, 531 U.S.

at 474). The court explained that, unlike those laws, Section 3622(d)(3) “provides an intelligible principle to guide

the Commission by requiring that alterations to the ratemaking system be ‘necessary to achieve the objectives’

in § 3622(b), which enumerates nine criteria.” Ibid.

Finally, the court of appeals rejected arguments that

the Order was arbitrary and capricious, finding that the

Commission had addressed every concern raised by the

parties and had “articulated a rational connection between the statutory objectives and the decision it

made.” Pet. App. 21a; see id. at 18a-30a.

ARGUMENT

The court of appeals correctly held that the Commission did not exceed its authority under 39 U.S.C.

3622(d)(3) in adopting the Order, including its revised

rate cap, and that Section 3622(d)(3) does not violate the

nondelegation doctrine. The court’s decision does not

conflict with any decision of this Court or of another

court of appeals.

Petitioners contend (Pet 15-27) that the Court should

grant review to reconsider its existing nondelegation

precedents. That argument lacks merit. Petitioners

have not demonstrated any special justification that

could plausibly warrant such a departure from stare

decisis principles. In any event, this case would be an

unsuitable vehicle to address that question. Further review is not warranted.

12

1. The court of appeals correctly held that the

Commission acted within its authority under Section

3622(d)(3) in adopting the Order. Pet. App. 10a-17a.

a. The 2006 Act directed the Commission to “establish,” “by regulation,” “a modern system for regulating

rates and classes for market-dominant products.”

39 U.S.C. 3622(a). Congress specified nine “objectives”

that the system must “be designed to achieve,” 39 U.S.C.

3622(b) (capitalization omitted); set forth a nonexhaustive list of “factors” that the Commission should consider in developing the system, 39 U.S.C. 3622(c) (capitalization omitted); and prescribed several parameters

for the system, including the cap on rate increases tied

to the CPI, 39 U.S.C. 3622(d)(1) and (2). Congress directed the Commission to establish the system within

18 months, and it authorized the Commission to “revise”

the system “from time to time thereafter by regulation,” 39 U.S.C. 3622(a), consistent with the criteria—

and taking into account the factors—that the statute

identifies, see, e.g., 39 U.S.C. 3622(c) (“In establishing or

revising such system, the [Commission] shall take into

account” the enumerated factors.).

In Section 3622(d)(3), Congress additionally directed

the Commission to review the system through a noticeand-comment process ten years after the statute’s enactment, and “as appropriate thereafter, * * * to determine if the system is achieving the objectives in [Section 3622](b), taking into account the factors in [Section

3622](c).” 39 U.S.C. 3622(d)(3). That provision states

that, “[i]f the Commission determines * * * that the system is not achieving” the statutory objectives, it may

“make such modification or adopt such alternative system

for regulating rates and classes for market-dominant

products as necessary to achieve the objectives.” Ibid.

13

The court of appeals correctly recognized that Section

3622(d)(3), “[b]y its plain terms, * * * permits the Commission” to make “two types of change” if it determines

following its review of the original system that the system

is not meeting the statutory objectives. Pet. App. 12a.

Under those circumstances, the Commission may “either

make minor changes to the ratemaking system” (pursuant to its authority to “ ‘make * * * modification[s]’ ”), or

“replace” the system with one that the Commission determines will meet the objectives (pursuant to its authority

to “ ‘adopt [an] alternative system’ ”). Ibid. (brackets in

original). In the proceedings below, petitioners “d[id] not

contest th[at] interpretation.” Id. at 13a. They instead

contended that, even when the Commission exercises its

authority to replace the original system with an “alternative system,” 39 U.S.C. 3622(d)(3), it cannot deviate from

the requirements (including the inflation-based rate cap)

that Section 3622(d)(1) specifies for the original system.

Pet. App. 13a. The court correctly rejected that argument. Id. at 13a-16a.

The term “system,” as used in preceding portions of

Section 3622, “refers broadly to a scheme for ‘regulating

rates and classes for market-dominant products,’ not to

the subset of schemes that comply with the price cap.”

Pet. App. 13a. In Section 3622(d)(3)’s authorization to

“adopt [an] alternative system,” 39 U.S.C. 3622(d)(3),

the term “ ‘system’ most logically means the same”

thing “absent evidence that Congress had a contrary intent,” which the court of appeals found lacking here.

Pet. App. 13a. The authority conferred by Section

3622(d)(3) thus includes the power to adopt an alternative system that does not track the original parameters

set forth in Section 3622(d)(1) and (2)—“includ[ing]

rules that do not comply with the price cap.” Ibid.

14

The court of appeals also correctly explained that petitioners’ contrary interpretation of Section 3622(d)(3)

would “render § 3622(a) superfluous.” Pet. App. 14a.

That provision authorizes the Commission to “revise”

the original system “from time to time,” including before the first review conducted under Section 3622(d)(3).

39 U.S.C. 3622(a); see p. 12, supra. Under the approach that

petitioner took below, “no meaningful difference” would

exist between the Commission’s authority to revise the

system under Section 3622(a) and its authority to adopt

an alternative system under Section 3622(d)(3). Pet. App.

14a. The statutory structure thus suggests that Section

3622(d)(3) confers “broader” authority than Section

3622(a) provides. Id. at 15a. The inference that Section

3622(d)(3) confers broader substantive authority is also

consistent with the fact that the Commission must satisfy

“more onerous procedural requirements”—including a

determination, based on a notice-and-comment process,

that the existing system is not achieving the statutory

objectives—before adopting an alternative system. Ibid.

The court of appeals correctly rejected petitioners’ remaining grounds for construing Section 3622(d)(3) not to

authorize an “alternative system” that departs from Section 3622(d)’s requirements. Pet. App. 13a; see id. at

13a-17a. The court held that neither Section 3622(d)(3)’s

reference to “the system ‘established under’ § 3622,” nor

Congress’s inclusion of an exception to the rate cap in Section 3622(d)(1)(A), limits Section 3622(d)(3) to alternatives

that preserve the original rate cap. Id. at 13a; see id. at

13a-14a. The court observed that the legislative history

supports the Commission’s reading of Section 3622(d)(3).

Id. at 15a-16a. And it correctly rejected petitioners’ contention that principles of “constitutional avoidance” compelled it to construe Section 3622(d)(3) narrowly to avoid

15

violating the nondelegation doctrine. Id. at 16a. The court

explained that Section 3622(d)(3) presents no nondelegation problem because it “provides an intelligible principle

to guide the Commission by requiring that alterations to

the ratemaking system be ‘necessary to achieve the objectives’ in § 3622(b), which enumerates nine criteria.” Id. at

17a. And to the extent the court viewed its interpretation

as embodying “the plain meaning of the statutory text,”

id. at 16a, constitutional-avoidance principles could not

have justified rejecting that reading, see Jennings v.

Rodriguez, 138 S. Ct. 830, 842 (2018).

b. In this Court, petitioners do not appear to dispute

the court of appeals’ interpretation of Section 3622(d)(3) or

urge the Court to grant review on that issue. Instead, the

petition for a writ of certiorari takes that interpretation as

its premise in contending that Section 3622(d)(3), so construed, violates the nondelegation doctrine. Pet. i, 2, 28.

In its brief supporting petitioners, respondent APC

contests (Br. 4) the court of appeals’ interpretation of

Section 3622(d)(3) in light of that provision’s text, context, and structure. APC asserts that the provision “unambiguously” precludes the revised rate cap contained

in the Commission’s Order. See APC Br. 3-9. But petitioners have not sought review of that issue, and it is not

fairly included in the question presented in the petition,

which concerns whether the Court should abrogate its

existing nondelegation precedents. Pet. i. The interpretation of Section 3622(d)(3) is antecedent to the question

presented, in the sense that a court can apply nondelegation principles only after it has identified the scope of authority that a particular statutory provision confers.

See, e.g., Gundy v. United States, 139 S. Ct. 2116, 2123

(2019) (plurality opinion) (“[A] nondelegation inquiry always begins (and often almost ends) with statutory in-

16

terpretation.”). But the petition focuses on the nondelegation principles that should apply in determining

whether Section 3622(d)(3), “[a]s interpreted by the

court below,” violates that doctrine. Pet. 28 (emphasis

omitted); see Pet. 27-32.

In any event, the question whether the court of appeals correctly interpreted Section 3622(d)(3) as authorizing the Order’s revised rate cap would not independently warrant this Court’s review. APC identifies

no prior decision of this Court addressing that provision. APC’s assertion (Br. 1) that the court of appeals

“misapplied” Chevron U.S.A. Inc. v. Natural Resources

Defense Council, Inc., 467 U.S. 837 (1984), does not warrant plenary review. See Sup. Ct. R. 10. And although

the 2006 Act vests the D.C. Circuit with exclusive jurisdiction to review the Commission’s final orders, see

39 U.S.C. 3663, so that no circuit conflict on that interpretive issue could emerge, APC has not established

that this issue of first impression is sufficiently important to warrant the Court’s review.

2. Petitioners contend (Pet. 27-32) that Section

3622(d)(3), as construed by the court of appeals, violates

the nondelegation doctrine. That argument lacks merit

and does not warrant review.1

In a footnote, petitioners contend (Pet. 3 n.2) that the Court

should hold their petition pending its decision in West Virginia v.

EPA, No. 20-1530 (argued Feb. 28, 2022). West Virginia involves a

provision of the Clean Air Act, 42 U.S.C. 7401 et seq., that addresses

the measures that the Environmental Protection Agency may consider in developing emission guidelines, 42 U.S.C. 7411. Petitioners

have not explained how the Court’s forthcoming decision with respect to that markedly different statutory scheme might bear on the

permissibility of Congress’s conferral of authority on the Commission to modify or adopt an alternative to the existing ratemaking

system for certain Postal Service products.

1

17

a. The Constitution provides that “[a]ll legislative

Powers herein granted shall be vested in a Congress of

the United States.” U.S. Const. Art. I, § 1. “This text

permits no delegation of those powers.” Whitman v.

American Trucking Ass’ns, 531 U.S. 457, 472 (2001). The

Court “ha[s] recognized, however, that the separation-ofpowers principle, and the nondelegation doctrine in particular, do not prevent Congress from obtaining the assistance of its coordinate Branches.” Mistretta v. United

States, 488 U.S. 361, 372 (1989). The Constitution does

not “deny[ ] to the Congress the necessary resources of

flexibility and practicality . . . to perform its function.”

Yakus v. United States, 321 U.S. 414, 425 (1944) (citation

omitted).

The Court “ha[s] ‘almost never felt qualified to

second-guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law.’ ” American Trucking, 531 U.S.

at 474-475 (quoting Mistretta, 488 U.S. at 416 (Scalia, J.,

dissenting)). And it has recognized that “Congress is not

confined to that method of executing its policy which involves the least possible delegation of discretion to administrative officers.” Yakus, 321 U.S. at 425-426. Instead,

the “extent and character of [the] assistance” that Congress may seek from another Branch in a particular context “must be fixed according to common sense and the

inherent necessities of the governmental co-ordination” at

issue, J. W. Hampton, Jr., & Co. v. United States, 276 U.S.

394, 406 (1928)—matters that Congress is typically best

positioned to assess. See Mistretta, 488 U.S. at 372; see

also id. at 416 (Scalia, J., dissenting).

The Court has held that Congress may confer discretion on the Executive to implement and enforce the laws

so long as Congress supplies an “intelligible principle”

18

defining the limits of that discretion. Mistretta, 488 U.S.

at 372 (quoting J. W. Hampton, 276 U.S. at 409). The

Court has further clarified that the vesting of authority

in an Executive Branch official is “constitutionally sufficient” under that intelligible-principle standard “if Congress clearly delineates [1] the general policy, [2] the

public agency which is to apply it, and [3] the boundaries

of th[e] delegated authority.” Id. at 372-373 (quoting

American Power & Light Co. v. SEC, 329 U.S. 90, 105

(1946)). In determining whether a statute supplies an intelligible principle, a court should consider the “ ‘words

of a statute * * * in their context and with a view to their

place in the overall statutory scheme,’ ” and it may

“look[ ] to ‘history and purpose’ to divine the meaning of

language.” Gundy, 139 S. Ct. at 2126 (plurality opinion)

(brackets and citations omitted).

Consistent with those principles, the Court has rejected nearly every nondelegation challenge it has confronted. “From the beginning of the Government,”

Congress has enacted, and the Court has upheld, statutes “conferring upon executive officers power to make

rules and regulations * * * for administering the laws

which did govern.” United States v. Grimaud, 220 U.S.

506, 517 (1911). For example, early Congresses enacted

a series of statutes that conferred on the President the

power to impose or lift trade sanctions and tariffs. Marshall Field & Co. v. Clark, 143 U.S. 649, 683-689 (1892).

The Court rejected a nondelegation challenge to one

such statute in 1813, see The Cargo of the Brig Aurora

v. United States, 11 U.S. (7 Cranch) 382, 388 (1813), and

again in 1892, see Marshall Field, 143 U.S. at 681-694.

And in the nine decades since the Court articulated the

19

“intelligible principle” standard, it has similarly upheld

numerous statutes against nondelegation challenges. 2

In the Nation’s history, the Court has struck down

only two statutes on nondelegation grounds. American

Trucking, 531 U.S. at 474 (discussing Panama Ref. Co.

v. Ryan, 293 U.S. 388 (1935), and A. L. A. Schechter

Poultry Corp. v. United States, 295 U.S. 495 (1935)). In

1935, the Court concluded that two provisions of the National Industrial Recovery Act, ch. 90, 48 Stat. 195—

enacted in response to the Great Depression—contained

“excessive delegations” because Congress had “failed to

articulate any policy or standard that would serve to

confine the discretion of the authorities to whom Congress had delegated power.” Mistretta, 488 U.S. at 373

& n.7 (emphasis added). The Court held those provisions

See, e.g., Gundy, 139 S. Ct. at 2128-2130 (plurality opinion) (authority to specify how sex-offender registration statute applies to individuals who committed sex offenses before the statute was enacted); id. at 2130-2131 (Alito, J., concurring in the judgment); American Trucking, 531 U.S. at 472-476 (authority to set nationwide airquality standards limiting pollution); Loving v. United States,

517 U.S. 748, 771-774 (1996) (authority to set aggravating factors for

death penalty in courts martial); Touby v. United States, 500 U.S. 160,

165-167 (1991) (authority to temporarily designate controlled substances); Mistretta, 488 U.S. at 374-377 (Sentencing Guidelines);

Lichter v. United States, 334 U.S. 742, 785-786 (1948) (authority to set

standards for recovery of excessive profits from military contractors);

Fahey v. Mallonee, 332 U.S. 245, 247, 249-250 (1947) (authority to set

rules for reorganization, etc., of savings-and-loan associations);

American Power & Light, 329 U.S. at 105 (authority to set standards

for prevention of unfair or inequitable distribution of voting power

among security holders); Yakus, 321 U.S. at 425-427 (authority to set

commodity prices); Federal Power Comm’n v. Hope Natural Gas Co.,

320 U.S. 591, 600-601 (1944) (authority to set natural-gas wholesale

prices); National Broad. Co. v. United States, 319 U.S. 190, 225-227

(1943) (authority to set standards for broadcast licensing); J. W.

Hampton, 276 U.S. at 407-411 (authority to set tariffs).

2

20

invalid because “one * * * provided literally no guidance

for the exercise of discretion, and the other * * * conferred authority to regulate the entire economy on the basis of no more precise a standard than stimulating the

economy by assuring ‘fair competition.’ ” American

Trucking, 531 U.S. at 474. Since 1935, the Court has “upheld, again without deviation, Congress’ ability to delegate power under broad standards.” Mistretta, 488 U.S.

at 373.

b. The court of appeals correctly held that Section

3622(d)(3) comports with those principles. Pet. App.

16a-17a.

As discussed above, see pp. 17-18, supra, a statutory

delegation of authority is “constitutionally sufficient if

Congress clearly delineates” (1) “the general policy” to

be pursued, (2) “the public agency which is to apply it,”

and (3) “the boundaries of th[e] delegated authority.”

American Power & Light, 329 U.S. at 105. Although

petitioners do not frame their challenge in those terms,

they do not appear to dispute that Section 3622(d)(3)

satisfies the second and third requirements. The provision grants authority to “the Commission,” 39 U.S.C.

3622(d)(3), and the authority it confers consists of modifying or replacing the existing “system for regulating

rates and classes for market-dominant products” of the

Postal Service. 39 U.S.C. 3622(a). Section 3622(d)(3)

does not authorize regulation of any private conduct; it

empowers the Commission to alter the framework for

regulating the rates at which certain products will be

offered for sale to the public by the Postal Service, “an

independent establishment of the executive branch of

the Government of the United States,” 39 U.S.C. 201.

In substance, petitioners appear (Pet. 29-32) to contend that Section 3622(d)(3) supplies inadequate guid-

21

ance to the Commission—i.e., that it does not identify

“the general policy” to be pursued, American Power &

Light, 329 U.S. at 105. But the statutory text amply

specifies Congress’s policy. Section 3622(d)(3) permits

the Commission to “modif[y]” or “adopt [an] alternative” to the existing ratemaking system for marketdominant products only if it first “determines * * * that

the system is not achieving the objectives in [Section

3622](b), taking into account the factors in [Section

3622](c).” 39 U.S.C. 3622(d)(3). If the Commission

makes such a determination after notice and comment,

it may only make modifications or adopt an alternative

system that it finds to be “necessary to achieve the objectives” set forth in Section 3622(b). Ibid.

Those nine statutory objectives provide ample guidance to inform the Commission’s exercise of its authority. They include (1) “maximiz[ing] incentives to reduce

costs and increase efficiency”; (2) “creat[ing] predictability and stability in rates”; (3) “maintain[ing] high

quality service standards”; (4) “allow[ing] the Postal

Service pricing flexibility”; (5) “assur[ing] adequate

revenues, including retained earnings, to maintain financial stability”; (6) “reduc[ing] the administrative

burden and increas[ing] the transparency of the ratemaking process”; (7) “enhanc[ing] mail security and deter[ring] terrorism”; (8) “maintain[ing] a just and reasonable schedule for rates”; and (9) “allocat[ing] the total institutional costs of the Postal Service appropriately between market-dominant and competitive products.” 39 U.S.C. 3622(b). Congress further instructed

the Commission to “appl[y]” each objective “in conjunction with the others.” Ibid.; see pp. 2-3, supra.

Section 3622 is much more specific than other delegations the Court has upheld, such as authority to li-

22

cense radio broadcasters as the “public interest, convenience, or necessity” requires, National Broad. Co. v.

United States, 319 U.S. 190, 225 (1943); to set “just and

reasonable” rates for natural gas, Federal Power

Comm’n v. Hope Natural Gas Co., 320 U.S. 591, 600

(1944); and to establish commodity prices that would be

“fair and equitable,” Yakus, 321 U.S. at 427; see Avent

v. United States, 266 U.S. 127, 130 (1924) (Holmes, J.)

(determining that a statute authorizing emergency

rules for railroad-equipment shortages that are “reasonable and in the interest of the public and of commerce fixe[d] the only standard that is practicable or

needed”).

The adequacy of the direction that Congress supplied is particularly clear in light of the limited scope of

the authority Section 3622(d)(3) confers. “[T]he degree

of agency discretion that is acceptable varies according

to the scope of the power” delegated. American Trucking, 531 U.S. at 475. Indeed, when the authority conferred is narrow enough, Congress “need not provide

any direction.” Ibid.

As explained above, Section 3622(d)(3) does not authorize the Commission to regulate any private party, but

only to superintend the government’s own operations by

regulating rates charged by an Executive Branch instrumentality. See p. 20, supra. And even within that sphere,

Section 3622(d)(3) applies only to a specified category of

Postal Service products. That limited conferral of authority does not necessitate granular instructions.

c. Petitioners’ contrary arguments lack merit.

Petitioners contend (Pet. 30-31) that the statute does

not specify the precise degree to which the Commission

should prioritize a particular objective or deem it to be

achieved by the system. E.g., Pet. 30 (“[H]ow do we

23

know when and if incentives have been maximized

enough? At what point do rates become inflexible, unpredictable, or unstable? When are service standards

too low?”). But the Constitution does not require Congress to quantify the statutory objectives in such minute detail.

The particular types of judgments that Congress entrusted to the Commission are especially well suited for

an expert agency. Analyzing and balancing the objectives that Congress specified in Section 3622 requires

data-driven economic analysis of the type that has “long

[been] associated with the executive function.” Gundy,

139 S. Ct. at 2140 (Gorsuch, J., dissenting) (citation

omitted). Determining the level of prices that will best

serve and harmonize the economic and other objectives

enumerated in Section 3622(b) is an inquiry appropriate

for delegation to the Commission. Id. at 2140 n.65; see

Skinner v. Mid-America Pipeline Co., 490 U.S. 212,

214, 219-220 (1989). Congress long ago recognized that

“the increasing economic, accounting, and engineering

complexity of ratemaking issues” made postal ratemaking ill-suited for Congress and its staff. National Ass’n

of Greeting Card Publishers v. United States Postal

Serv., 462 U.S. 810, 822 (1983). Congress permissibly

assigned those duties to an “expert[ ]” agency “composed of ‘professional economists, trained rate analysts,

and the like.’ ” Id. at 822-823 (citation omitted).

Petitioners also contend (Pet. 31) that Section

3622(d)(3) provides inadequate direction because “many

of the[ ] objectives” set forth in Section 3622(b) “point in

competing directions.” But a conferral of authority on

the Executive is not defective merely because it requires an agency to exercise judgment and to balance

competing considerations. See Yakus, 321 U.S. at 425

24

(“It is no objection that the determination of facts and

the inferences to be drawn from them in the light of the

statutory standards and declaration of policy call for the

exercise of judgment.”).

Congress’s instruction that “each” enumerated objective “shall be applied in conjunction with the others,”

39 U.S.C. 3622(b), provides significant guidance to the

agency. That directive makes clear that the Commission

should not pursue any one objective or subset of them to

the exclusion of the others, but instead should bear all of

them in mind in designing an appropriate system. Based

on public comment and an extensive, data-driven analysis, the Commission undertook that task in fashioning

the Order at issue here. See C.A. App. 2590-2671.

3. Petitioners do not contend that the D.C. Circuit’s

nondelegation holding conflicts with any decision of this

Court or another court of appeals. Instead, petitioners

principally contend (Pet. 15-27) that the Court should

grant review to consider overruling its existing nondelegation precedents. That argument lacks merit.

a. As the “proponent[s] of overruling precedent,”

petitioners bear “the heavy burden of persuading the

Court that changes in society or in the law dictate that

the values served by stare decisis yield in favor of a

greater objective.” Vasquez v. Hillery, 474 U.S. 254,

266 (1986). “Although not an inexorable command,

stare decisis is a foundation stone of the rule of law, necessary to ensure that legal rules develop in a principled

and intelligible fashion.” Michigan v. Bay Mills Indian

Cmty., 572 U.S. 782, 798 (2014) (citations and internal

quotation marks omitted); see Kimble v. Marvel

Entm’t, LLC, 576 U.S. 446, 455 (2015). Adherence to

precedent “promotes the evenhanded, predictable, and

consistent development of legal principles, fosters reli-

25

ance on judicial decisions, and contributes to the actual

and perceived integrity of the judicial process.” Payne

v. Tennessee, 501 U.S. 808, 827 (1991). “[T]his Court

has always held that any departure from the doctrine

demands special justification.” Bay Mills, 572 U.S. at

798 (citation and internal quotation marks omitted).

Petitioners’ burden is especially heavy because they

seek to overturn not a single decision but “a long line of

precedents.” Bay Mills, 572 U.S. at 798. The Court’s

nondelegation standards have been settled by decisions

tracing back decades, see, e.g., American Power & Light,

329 U.S. at 105; J. W. Hampton, 276 U.S. at 409, and the

underlying principle traces back to the early days of the

Republic, see, e.g., Marshall Field, 143 U.S. at 681-694;

The Cargo of the Brig Aurora, 11 U.S. (7 Cranch) at

387-388. Granting review to reconsider that longstanding body of precedent “would ill serve the goals of ‘stability’ and ‘predictability’ ” that stare decisis “aims to ensure.” CSX Transp., Inc. v. McBride, 564 U.S. 685, 699

(2011) (quoting Hilton v. South Carolina Pub. Rys.

Comm’n, 502 U.S. 197, 202 (1991)). That concern is particularly acute here, as congressional conferrals of authority on agencies “pervade[ ] the whole corpus of administrative law,” and petitioners’ proposed abrogation

of existing precedent could “cast doubt on many settled” delegations and agency actions taken pursuant to

them. Kisor v. Wilkie, 139 S. Ct. 2400, 2422 (2019).

Apart from their “belief ” that this Court’s nondelegation precedents were “ ‘wrongly decided,’ ” Kimble,

576 U.S. at 456 (citation omitted); see Pet. 15-27, petitioners offer no persuasive “special justification” for

overruling those decisions, let alone the type of “particularly special justification” that would be required to

overturn such a deeply ingrained principle, Kisor,

26

139 S. Ct. at 2423 (internal quotation marks omitted).

Petitioners’ assertion that the doctrine “ha[s] lost any

clear meaning,” Pet. 18 (emphasis omitted), is belied by

the long line of this Court’s precedents, unbroken for

nearly 90 years, consistently applying the doctrine to

uphold congressional enactments that conferred authority on the Executive. See pp. 17-20, supra. Petitioners also identify no basis for concluding that lower

courts are confused about the doctrine’s contours or

have difficulty applying it.

b. In any event, this case would be a poor vehicle for

reconsidering the nondelegation doctrine. By nearly

any measure, Congress has provided ample guidance to

the Commission by setting out nine statutory objectives

and authorizing the Commission to modify or adopt an

alternative to the existing system only if “necessary to

achieve th[ose] objectives.” 39 U.S.C. 3622(d)(3). The

sufficiency of that instruction is especially clear given

the limited scope and nature of the Commission’s authority in designing the ratemaking system for a subset

of the products sold by an arm of the Executive Branch.

See p. 22, supra. Further review is not warranted.

CONCLUSION

The petition for a writ of certiorari should be denied.

Respectfully submitted.

ELIZABETH B. PRELOGAR

Solicitor General

BRIAN M. BOYNTON

Principal Deputy Assistant

Attorney General

MICHAEL S. RAAB

DANA KAERSVANG

MICHAEL SHIH

Attorneys

MAY 2022

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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