Supreme Court Report

Supreme Court of the United States · Official docket →

Department of Agriculture Rural Development Rural Housing Service v. Reginald Kirtz

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-2149 · judgment August 24, 2022


Decided · February 8, 2024
Pre-decision estimate: 64% cert probability (95% interval 52%–75%)

Before the decision, about 15.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Third Circuit decision below.

Question presented

Whether the civil-liability provisions of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., unequivocally and unambiguously waive the sovereign immunity of the United States.

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Matthew Benjamin Weisberg
Weisberg Law

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 merits
(2 respondent)

Argument & decision

Argued November 6, 2023 — Benjamin W. Snyder · Nandan M. Joshi. Audio and transcript

Decided February 8, 2024. Opinion by Gorsuch.

Proceedings

  1. Aug 19 2024
    Record returned to the United States Court of Appeals for the Third Circuit.
  2. Mar 11 2024
    Judgment issued.
  3. Feb 08 2024
    Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court.
  4. Nov 06 2023
    Argued. For petitioner: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Nandan M. Joshi, Washington, D. C.
  5. Oct 25 2023
    Reply of petitioner Department of Agriculture Rural Development Rural Housing Service filed. (Distributed)
  6. Oct 02 2023
    Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
  7. Oct 02 2023
    Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
  8. Sep 25 2023
    Brief of respondent Reginald Kirtz filed. (Distributed)
  9. Sep 18 2023
    CIRCULATED
  10. Sep 15 2023
    Complete record on appeal from the United States Court of Appeals for the Third Circuit received electronically and available with the Clerk.
  11. Sep 07 2023
    Record requested from the United States Court of Appeals for the Third Circuit.
  12. Sep 06 2023
    SET FOR ARGUMENT on Monday, November 6, 2023.
  13. Aug 21 2023
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  14. Aug 15 2023
    Brief of petitioner Department of Agriculture Rural Development Rural Housing Service filed.
  15. Jul 10 2023
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 15, 2023. The time to file respondent's brief on the merits is extended to and including September 25, 2023.
  16. Jun 27 2023
    Motion to dispense with printing the joint appendix filed by petitioner Department of Agriculture Rural Development Rural Housing Service.
  17. Jun 27 2023
    Motion for an extension of time to file the briefs on the merits filed.
  18. Jun 20 2023
    Petition GRANTED.
  19. Jun 12 2023
    DISTRIBUTED for Conference of 6/15/2023.
  20. Jun 05 2023
    DISTRIBUTED for Conference of 6/8/2023.
  21. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  22. May 16 2023
    Reply of petitioner Department of Agriculture Rural Development Rural Housing Service filed. (Distributed)
  23. May 02 2023
    Brief of respondent Reginald Kirtz in opposition filed.
  24. Mar 22 2023
    Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2023.
  25. Mar 21 2023
    Motion to extend the time to file a response from April 6, 2023 to May 8, 2023, submitted to The Clerk.
  26. Mar 03 2023
    Petition for a writ of certiorari filed. (Response due April 6, 2023)
  27. Jan 17 2023
    Application (22A642) to extend the time to file a petition for a writ of certiorari from February 1, 2023 to March 3, 2023, submitted to Justice Alito.
  28. Jan 17 2023
    Application (22A642) granted by Justice Alito extending the time to file until March 3, 2023.