Supreme Court of the United States · Official docket →
Marlean A. Ames v. Ohio Department of Youth Services
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-3341 · judgment December 4, 2023
Decided · June 5, 2025
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below, and down for a state or local-government respondent.
Question presented
Whether, in addition to pleading the other elements of Title VII, a majority-group plaintiff must show "background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority." App. 5a.
Counsel of record
For petitioner
Xiao Wang
University of Virginia School of Law
For respondent
Thomas Elliot Gaiser
Office of the Ohio Attorney General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
11 merits
(9 supporting pet./neither, 2 respondent)
Argument & decision
Argued February 26, 2025 — Xiao Wang · T. Elliot Gaiser. Audio and transcript
Decided June 5, 2025. Opinion by Jackson.
Proceedings
- Jul 07 2025Judgment Issued.
- Jun 05 2025Judgment VACATED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined.
- Feb 26 2025Argued. For petitioner: Xiao Wang, Charlottesville, Va.; and Ashley Robertson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: T. Elliot Gaiser, Solicitor General, Columbus, Ohio.
- Feb 12 2025Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Feb 12 2025Motion of the National Employment Lawyers Association for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument DENIED.
- Feb 07 2025Reply of petitioner Marlean A. Ames filed. (Distributed)
- Jan 24 2025Brief amici curiae of NAACP Legal Defense & Educational Fund filed. (Distributed)
- Jan 22 2025Brief amici curiae of Local Government Legal Center, et al. filed. (Distributed)
- Jan 17 2025Brief of respondent Ohio Department of Youth Services filed. (Distributed)
- Jan 16 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Jan 13 2025CIRCULATED
- Jan 10 2025Motion for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed by The National Employment Lawyers Association.
- Dec 16 2024Brief amicus curiae of United States in support of vacatur filed.
- Dec 16 2024Brief amicus curiae of Massachusetts Chapter of the National Organization for Women filed.
- Dec 16 2024Brief amici curiae of Professors Katie Eyer, et al. filed.
- Dec 16 2024Brief amicus curiae of The National Employment of Lawyers Association filed.
- Dec 16 2024Brief amicus curiae of Pacific Legal Foundation filed.
- Dec 16 2024Brief amicus curiae of The Equal Protection Project filed.
- Dec 16 2024Brief amicus curiae of American Alliance for Equal Rights filed.
- Dec 16 2024Brief amicus curiae of Josh Young filed.
- Dec 16 2024Brief amicus curiae of America First Legal Foundation filed.
- Dec 09 2024Brief of petitioner Marlean A. Ames filed.
- Dec 09 2024Joint appendix (2 volumes) filed. (Statement of costs filed)
- Dec 06 2024Record received electronically from the United States Court of Appeals for the Sixth Circuit and available with the Clerk.
- Nov 27 2024Record requested from the United States Court of Appeals for the Sixth Circuit.
- Nov 22 2024SET FOR ARGUMENT on Wednesday, February 26, 2025.
- Oct 31 2024Motion 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 December 9, 2024. The time to file respondent's brief on the merits is extended to and including January 17, 2025. Petitioner will file the reply brief on the merits on or before February 7, 2025.
- Oct 25 2024Motion for an extension of time to file the briefs on the merits filed.
- Oct 04 2024Petition GRANTED.
- Sep 23 2024DISTRIBUTED for Conference of 9/30/2024.
- Jun 20 2024Rescheduled.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 04 2024Reply of petitioner Marlean A. Ames filed. (Distributed)
- Jun 03 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 31 2024Brief of respondent Ohio Department of Youth Services in opposition filed.
- Apr 04 2024Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2024.
- Apr 03 2024Response Requested. (Due May 3, 2024)
- Apr 03 2024Motion to extend the time to file a response from May 3, 2024 to June 3, 2024, submitted to The Clerk.
- Mar 27 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 22 2024Waiver of right of respondent Ohio Department of Youth Services to respond filed.
- Mar 18 2024Petition for a writ of certiorari filed. (Response due April 19, 2024)
- Feb 26 2024Application (23A777) granted by Justice Kavanaugh extending the time to file until March 18, 2024.
- Feb 22 2024Application (23A777) to extend the time to file a petition for a writ of certiorari from March 3, 2024 to March 18, 2024, submitted to Justice Kavanaugh.