Supreme Court Report

Supreme Court of the United States · Official docket →

John Anthony Castro v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10630 · judgment December 21, 2023


Certiorari denied · June 3, 2024
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

If the government raises an affirmative defense, does it bear the burden of proof? If the government has previously claimed the Good Faith Erroneous Interpretation affirmative defense, can it again claim that affirmative defense 20 years later in the same jurisdiction? If the standard of review for the Good Faith Erroneous Interpretation Defense is an objective one, is it proper to take a person’s subjective belief into account? If the government makes a judicial admission that it did not make a violative disclosure, is the government estopped from making a contingent evidentiary admission to the contrary in a motion for summary judgment?

Counsel of record

For petitioner
John Anthony Castro

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 03 2024
    Petition DENIED.
  2. May 14 2024
    DISTRIBUTED for Conference of 5/30/2024.
  3. May 06 2024
    Waiver of right of respondent United States to respond filed.
  4. Apr 17 2024
    Petition for a writ of certiorari filed. (Response due May 22, 2024)