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United States v. Washington, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35673 · judgment August 19, 2020

Decided · June 21, 2022
Pre-decision estimate: 63% cert probability (95% interval 54%–71%)

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

Question presented

Whether a state workers' compensation law that applies exclusively to federal contract workers who perform services at a specified federal facility is barred by principles of intergovernmental immunity, or is instead authorized by 40 U.S.C. 3172(a), which permits the application of state workers' compensation laws to federal facilities "in the same way and to the same extent as if the premises were under the exclusive jurisdiction of the State."

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Noah Guzzo Purcell
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 merits
(1 supporting pet./neither)

Argument & decision

Argued April 18, 2022 — Malcolm L. Stewart · Tera M. Heintz. Audio and transcript

Decided June 21, 2022. Opinion by Breyer.

Proceedings

  1. Jul 25 2022
    JUDGMENT ISSUED
  2. Jun 21 2022
    Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
  3. Apr 18 2022
    Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Tera M. Heintz, Deputy Solicitor General, Olympia, Wash.
  4. Apr 13 2022
    Response in opposition to sur-reply in support of suggestion of mootness filed by petitioner United States. (Distributed)
    Main Document
  5. Apr 11 2022
    Sur-reply in support of suggestion of mootness filed by respondents Washington, et al. (Distributed)
    Main Document
  6. Apr 08 2022
    Reply of petitioner United States filed. (Distributed)
    Main DocumentProof of Service
  7. Mar 25 2022
    Brief of respondents Washington, et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  8. Mar 23 2022
    CIRCULATED
  9. Mar 23 2022
    Brief amicus curiae of Workers' Injury Law & Advocacy Group filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  10. Mar 23 2022
    Reply on suggestion of mootness filed by respondents Washington, et al. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  11. Mar 17 2022
    Response in opposition to respondents suggestion of mootness filed by petitioner United States. (Distributed)
    Main DocumentCertificate of Word Count
  12. Mar 17 2022
    The record from the U.S.C.A. 9th Circuit is electronic and available on PACER.
  13. Mar 16 2022
    Record requested from the U.S.C.A. 9th Circuit.
  14. Mar 15 2022
    ARGUMENT SET FOR Monday, April 18, 2022.
  15. Mar 15 2022
    Suggestion of mootness filed by respondents Washington, et al. filed. (Distributed)
    Main DocumentProof of ServiceOther
  16. Feb 23 2022
    Brief of petitioner United States filed.
    Main DocumentCertificate of Word Count
  17. Feb 23 2022
    Joint appendix filed. (Statement of cost filed)
    Main DocumentProof of Service
  18. Jan 10 2022
    Petition GRANTED.
  19. Dec 01 2021
    DISTRIBUTED for Conference of 1/7/2022.
  20. Dec 01 2021
    Reply of petitioner United States filed. (Distributed)
    Main DocumentProof of Service
  21. Nov 15 2021
    Brief of respondents Washington, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  22. Sep 22 2021
    Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2021.
  23. Sep 21 2021
    Motion to extend the time to file a response from October 14, 2021 to November 15, 2021, submitted to The Clerk.
    Main Document
  24. Sep 08 2021
    Petition for a writ of certiorari filed. (Response due October 14, 2021)
    PetitionProof of Service