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Michael Sammons v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-50201 · judgment June 19, 2017

Certiorari denied · March 26, 2018
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the Takings Clause of the Fifth Amendment is a self-executing waiver of sovereign immunity, therefore vesting review of federal takings suits in Article III courts.

  2. Whether Congress violates Article III of the Constitution to the extent Congress forces plaintiffs with federal takings suits over $10,000 to litigate these suits before the Article I judges of the United States Court of Federal Claims.

Counsel of record

For petitioner
Mahesha Padmanabhan Subbaraman
Subbaraman PLLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Mar 26 2018
    Petition DENIED.
  2. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  3. Mar 07 2018
    Reply of petitioner Michael Sammons filed. (Distributed)
  4. Feb 21 2018
    Brief of respondent United States in opposition filed.
  5. Jan 23 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including February 21, 2018.
  6. Jan 22 2018
    Motion to extend the time to file a response from February 1, 2018 to February 21, 2018, submitted to The Clerk.
  7. Jan 03 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2018.
  8. Jan 02 2018
    Motion to extend the time to file a response from January 2, 2018 to February 1, 2018, submitted to The Clerk.
  9. Jan 02 2018
    Brief amici curiae of Owners’ Counsel Of America, et al. filed.
  10. Nov 28 2017
    Petition for a writ of certiorari filed. (Response due January 2, 2018)