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Glen Wilkofsky v. American Federation of Musicians, Local 45, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 22-2742 · judgment May 31, 2023

Certiorari denied · January 8, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. When applying the Fourteenth Amendment’s requirement of “state action” as a predicate for constitutional claims, should federal courts defer to a state’s legislative choice to deem an entity “public” for certain governmental purposes? (i)

Counsel of record

For petitioner
Nathan John McGrath
The Fairness Center

For respondent
Rebecca Jo Price
Norris McLaughlin, P.A

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 20 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 14 2023
    Reply of petitioner Glen Wilkofsky filed.
    Main DocumentProof of ServiceCertificate of Word Count
  4. Dec 01 2023
    Brief of respondent Allentown Symphony Association, Inc. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word CountOther
  5. Nov 29 2023
    Brief amicus curiae of Americans for Fair Treatment filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Nov 15 2023
    Waiver of right of respondent American Federation of Musicians, Local 45 to respond filed.
    Main Document
  7. Oct 30 2023
    Petition for a writ of certiorari filed. (Response due December 1, 2023)
    PetitionAppendixCertificate of Word CountProof of Service