Supreme Court Report

Supreme Court of the United States · Official docket →

Anthony Robinson v. Department of Education

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1822 · judgment March 6, 2019

Certiorari denied · April 20, 2020
Pre-decision estimate: 14% cert probability (95% interval 9%–20%)

Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

  1. The Fair Credit Reporting Act provides that any “person” who willfully or negligently violates its duties to consumers under the statute is liable to those consumers for actual damages, statutory damages, punitive damages, costs and attorney fees. 15 U.S.C. § 1681n and § 1681o. The definition of “person” under FCRA includes “any … government or governmental subdivision or agency.” § 1681a(b). Respondent USDE seeks to avoid liability under FCRA on the basis of sovereign immunity. The question presented, upon which circuits are divided, is: Whether the Fair Credit Reporting Act authorizes consumers to file civil suits against federal governmental agencies under 15 U.S.C. § 1681n and §1681o.

Counsel of record

For petitioner
Ishan Kharshedji Bhabha
Jenner and Block LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 3 conferences

Argument & decision

Decided April 20, 2020.

Proceedings

  1. Apr 20 2020
    Petition DENIED. Justice Thomas, with whom Justice Kavanaugh joins, dissenting from the denial of certiorari. (Detached Opinion)
  2. Apr 13 2020
    DISTRIBUTED for Conference of 4/17/2020.
  3. Mar 30 2020
    DISTRIBUTED for Conference of 4/3/2020.
  4. Mar 11 2020
    DISTRIBUTED for Conference of 3/27/2020.
  5. Mar 10 2020
    Reply of petitioner Anthony Robinson filed.
  6. Feb 20 2020
    Brief of respondent United States Department of Education in opposition filed.
  7. Jan 17 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including February 20, 2020.
  8. Jan 16 2020
    Motion to extend the time to file a response from January 21, 2020 to February 20, 2020, submitted to The Clerk.
  9. Dec 18 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including January 21, 2020.
  10. Dec 17 2019
    Motion to extend the time to file a response from December 20, 2019 to January 21, 2020, submitted to The Clerk.
  11. Nov 14 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019.
  12. Nov 13 2019
    Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk.
  13. Aug 05 2019
    Petition for a writ of certiorari filed. (Response due November 20, 2019)