Supreme Court Report

Supreme Court of the United States · Official docket →

Dawn Moore v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-40661 · judgment January 10, 2022


Certiorari denied · November 21, 2022
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

Is the application of Fed. R. App P. 2, by the United States Court of Appeals for the Fifth Circuit in the case at hand Unconstitutional and violates the appoint' ‘ ment provision under Art. II, § 2, cl. 2 of the United States Constitution, by delegating appellate judicial decisions to a class of “mere employees” who are not appointed “Officers of the United States” pursuant to Art. II, § 2, cl. 2 of the United States Constitution.

Counsel of record

For petitioner
Dawn Moore

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 21 2022
    Petition DENIED.
  2. Nov 02 2022
    DISTRIBUTED for Conference of 11/18/2022.
  3. Oct 24 2022
    Waiver of right of respondent United States to respond filed.
  4. Jul 15 2022
    Petition for a writ of certiorari filed. (Response due October 24, 2022)