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Donald J. Trump, President of the United States, et al. v. Aiden Stockman, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-56539

Certiorari denied · January 22, 2019
Pre-decision estimate: 63% cert probability (95% interval 49%–75%)

Before the decision, about 15.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before.

Question presented

In 2018, Secretary of Defense James Mattis announced a new policy concerning military service by transgender individuals. Under the Mattis policy, transgender individuals would be permitted to serve in the military, while individuals with a history of a medical condition called gender dysphoria would be disqualified from military service unless they meet certain conditions. The question presented is: Whether the district court erred in preliminarily enjoining the military from implementing the Mattis policy nationwide. (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
J. Scott Ballenger

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Linked docket
18A627

Proceedings

  1. Jan 22 2019
    Petition DENIED.
  2. Jan 22 2019
    Application (18A627) referred to the Court.
  3. Jan 22 2019
    Application (18A627) granted by the Court. The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the District Court’s December 22, 2017 order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application.
  4. Jan 14 2019
    DISTRIBUTED for Conference of 1/18/2019.
  5. Jan 04 2019
    Reply of applicant Donald J. Trump, President of the United States, et al. filed.
  6. Jan 04 2019
    Reply of petitioners Donald J. Trump, President of the United States, et al. filed. VIDED. (Distributed)
  7. Jan 04 2019
    Letter of petitioners Donald J. Trump, President of the United States, et al. filed. VIDED. (Distributed)
  8. Dec 28 2018
    Response to application from respondents Aiden Stockman, et al. filed.
  9. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  10. Dec 24 2018
    Brief of respondents Aiden Stockman, et al. in opposition filed.
  11. Dec 21 2018
    Letter of respondent State of California filed.
  12. Dec 19 2018
    Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED.
  13. Dec 13 2018
    Application (18A627) for a stay, submitted to Justice Kagan.
  14. Dec 13 2018
    Response to application (18A627) requested by Justice Kagan, due Friday, December 28, 2018, by noon ET.
  15. Nov 23 2018
    Petition for a writ of certiorari before judgment filed. (Response due December 24, 2018)