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