Supreme Court Report

Supreme Court of the United States · Official docket →

Retail Ready Career Center, Inc. v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-10801 · judgment November 5, 2019

Certiorari denied · June 15, 2020
Pre-decision estimate: 14% cert probability (95% interval 10%–20%)

Before the decision, about 3.4× 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. Does the United States have complete immunity from constitutional counterclaims asserted in an in rem civil forfeiture case initiated by the United States?

  2. Does the seizure of funds from a bank account without notice and a hearing violate the Due Process Clause of the Fifth Amendment when Congress has provided for injunctions and restraining orders as an alternative?

Counsel of record

For petitioner
Jack George Breffney Ternan Jr.
Ternan Law Firm, PLLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 15 2020
    Petition DENIED.
  2. May 26 2020
    DISTRIBUTED for Conference of 6/11/2020.
  3. May 21 2020
    Reply of petitioner Retail Ready Career Center, Inc. filed. (Distributed)
  4. May 08 2020
    Brief of respondent United States of America in opposition filed.
  5. Apr 30 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2020.
  6. Apr 29 2020
    Motion to extend the time to file a response from May 4, 2020 to May 8, 2020, submitted to The Clerk.
  7. Mar 12 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including May 4, 2020.
  8. Mar 11 2020
    Motion to extend the time to file a response from April 3, 2020 to May 4, 2020, submitted to The Clerk.
  9. Mar 04 2020
    Brief amicus curiae of Veterans of the Armed Forces of the United States of America filed.
  10. Feb 26 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2020.
  11. Feb 25 2020
    Motion to extend the time to file a response from March 4, 2020 to April 3, 2020, submitted to The Clerk.
  12. Feb 05 2020
    Blanket Consent filed by Petitioner, Retail Ready Career Center, Inc.
  13. Jan 30 2020
    Petition for a writ of certiorari filed. (Response due March 4, 2020)