Supreme Court of the United States · Official docket →
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: 6% cert probability (95% interval 3%–9%)
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Third Circuit decision below and a circuit split argued in the petition.
Question presented
- 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
Order
Order list, January 8, 2024 · Certiorari denied
Proceedings
- Jan 08 2024Petition DENIED.
- Dec 20 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 14 2023Reply of petitioner Glen Wilkofsky filed.
- Dec 01 2023Brief of respondent Allentown Symphony Association, Inc. in opposition filed.
- Nov 29 2023Brief amicus curiae of Americans for Fair Treatment filed.
- Nov 15 2023Waiver of right of respondent American Federation of Musicians, Local 45 to respond filed.
- Oct 30 2023Petition for a writ of certiorari filed. (Response due December 1, 2023)