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Michael D. J. Eisenberg v. West Virginia Office of Disciplinary Counsel, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-7070 · judgment April 16, 2021


Certiorari denied · December 6, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The question presented is whether the Younger abstention doctrine applies when a state has indicated it will disregard the Supremacy Clause of the Constitution and this Court's dicta in Sperry, when it attempts to regulate a non-state party who has no significant ties to a state, other than representing a resident of that state before a federal agency based in D.C., given the clear federal objectives that Congress wants no state lawyer's bar regulation over those representing federal employees before a federal agency.

Counsel of record

For petitioner
Michael D.J. Eisenberg
Law Office of Michael D.J. Eisenberg, Attorney and

For respondent
Amy M. Smith
Steptoe & Johnson

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 09 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Nov 01 2021
    Waiver of right of respondent West Virginia Office of Disciplinary Counsel, et al. to respond filed.
  4. Oct 25 2021
    Petition for a writ of certiorari filed. (Response due November 26, 2021)