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Melvin G. Perry v. VHS San Antonio Partners, L.L.C., dba North Central Baptist Hospital

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50356 · judgment March 10, 2021


Certiorari denied · November 22, 2021
Pre-decision estimate: 9% cert probability (95% interval 5%–14%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Fifth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Section 1981 gives every person “the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens. . . .” The question presented is: Does section 1981 prohibit a third party from interfering, on the basis of race, with the right of an individual to make or enforce a contract?

Counsel of record

For petitioner
Eric Schnapper
Univ. of Washington School of Law

For respondent
David Lawrence Schenberg
Ogletree, Deakins, Nash, Smoak & Stewart, PC

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 22, 2021 · Certiorari denied

Proceedings

  1. Nov 22 2021
    Petition DENIED.
  2. Nov 02 2021
    DISTRIBUTED for Conference of 11/19/2021.
  3. Nov 02 2021
    Reply of petitioner Melvin G. Perry filed. (Distributed)
  4. Oct 18 2021
    Brief of respondent VHS San Antonio Partners, L.L.C. in opposition filed.
  5. Aug 25 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
  6. Aug 19 2021
    Motion to extend the time to file a response from September 2, 2021 to October 18, 2021, submitted to The Clerk.
  7. Aug 03 2021
    Petition for a writ of certiorari filed. (Response due September 2, 2021)