McLane Co. v. EEOC (15-1248)
argument 15-1248McLane Co. v. EEOC
Supreme Court of the United States
50 min
5 speakers
8 chapters
transcribed 4 days ago
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What is the statutory scope of the EEOC’s investigative authority in this case?
We'll hear argument next this morning in case fifteen twelve forty eight, McLean company versus The excuse me, E E O C Ms. Hope.
Mr Chief Justice, and may it please the court. The language and structure of the statutory scheme The tradition of appellate review and the sound administration of justice all counsel in favour of reviewing EEOC subpoena enforcement decisions for abuse of discretion. First Under the statutory scheme, the EEOC's investigative authority is not plenary like other agencies, but is cabined by the statutory limit of relevance to the charge under investigation. as this court said, in shell oil. Бикоз інш екстрадринарли контекстуаліз. The district court's fact intensive determinations should be reviewed under a unitary abuse of discretion standard, as this Court is held. Second,
The tradition of deferential appellate review is robust. not only for administrative subpoenas, but also for close analogues, such as search warrants and grand jury subpoenas. Third. The district court is the judicial actor best positioned to decide the issue for any number of reasons that this court articulated in peers and is applied in subsequent cases. the fact intensive and context sensitive nature of the case. The case is Pierce you mentioned, Rule eleven is another. The district the proceeding is going on in the district court. The district court judge is intimately f familiar with with the case. But A subpoena enforcement is different. It comes to the district court code. He knows nothing about the case.
He's not uh as he in Pierce and ruled it in eleven eleven. thoroughly familiar with the parties and the controversy. It just it's an application to enforce a subpoena. I think Your Honor in I think this case shows um that an action to enforce a subpoena um is more like those. And this court in Heimark talked about the district court living with the case. In in our case The district court had experience not only with the parties in the context of the subpoena at issue, but also with a parallel proceeding. That the agency brought under the ADEA and had experience in that. So I think this case shows that there are instances where the district court does live with the case longer. But even if that were not so, Justice Ginsburg, I think the other factors in Pierce.
and Kuhn and Cooter and Gell and the other cases that this court has articulated and given put meat on the flu on the Pierce factors, um I think perhaps the most important is the fact sensitive context sensitive nature, which I think is very much like the other inquiries that that you're on. Why why are we presented with a fact? sensitive fleeting facts, multifarious facts. According to Judge Watford. The Pivotal issue. is a legal one. That is, what does relevance mean within the context of the Yeah. EEOC's investigatory authority. He treated that as a question of law. what what is the scope of relevance? Your Honor, I think the answer to that question lies in what is, I think, uh critical here, both with respect to the proper standard of of review and the ultimate resolution, and that is in this case, relevance is determined, not in the abstract.
but in relation to the charge under investigation. So the district court in this circumstance, just like district courts do when they are determining relevance um in the federal rules context, is looking at the language of the charge. in the context of the facts before the district court and the universe of the investigation uh as a as a whole. And I think that's that's likely why, uh Your Honor, every every Court of Appeals save the ninth, um, has reviewed subpoena enforcement decisions for abuse of of discretion because there is a close. But they would say if it's a question of law uh If the district court got the law wrong. That is If so facto. An abuse of discretion because he has no discretion to misapply them all.
Absolutely, Your Honor. And I and I believe that is one reason, um perhaps the most important reason why this court, um, I think most clearly in CUDA in Gell, but also in Kuhn in other cases, um, embraced a unitary standard of review for abuse of discretion because an abuse of discretion standard does allow a reviewing court to correct uh errors of law
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Chapters
8 chapters
1
What is the statutory scope of the EEOC’s investigative authority in this case?
0:00–6:50
2
How does the argument define “relevance” to the charge under investigation?
6:50–13:34
3
Why do the parties argue that the district court should have de novo review of relevance?
13:34–20:08
4
What is the significance of the “pedigree information” request and its alleged undue burden?
20:08–25:34
5
How do the justices apply the abuse‑of‑discretion standard to EEOC subpoena enforcement?
25:34–31:30
6
What role does the Fourth Amendment play in the dispute over the subpoena’s breadth?
31:30–37:15
7
How does the Court compare EEOC subpoena review to other administrative subpoenas (e.g., grand jury, search warrants)?
37:15–43:56
8
What conclusion does the Court reach about the appropriate standard of review and the final outcome?
43:56–50:07