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Carol A. Lewis, et al. v. Robert F. Kennedy, Jr., Secretary of Health and Human Services

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5152 · judgment August 2, 2024


Certiorari denied · October 6, 2025
Pre-decision estimate: 2% cert probability

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

Question presented

 :KHWKHU FRQVLVWHQW ZLWK WKH XQGHUVWDQGLQJ RI ÀYH circuit courts, but contrary to the D.C. Circuit below, this Court’s decision in U.S. Parole Commission v. Geraghty, 445 U.S. 388 (1980), remains good law LQVRIDUDVLWKROGVWKDWQDPHGFODVVUHSUHVHQWDWLYHV· ULJKWWRDFWRQEHKDOIRIDFODVVSURYLGHVDVXIÀFLHQW stake in the litigation under Article III to appeal a GHQLDORIFODVVFHUWLÀFDWLRQDIWHUWKRVHUHSUHVHQWDWLYHV KDYHSUHYDLOHGRQWKHLURZQFODLPV 2. Whether named plaintiffs in a class action retain standing to appeal a district court’s denial of class certification on behalf of absent class members when, after that denial, upon defendant’s motion, MXGJPHQWLVHQWHUHGLQWKHLUIDYRUDIWHUWKHGHIHQGDQW XQLODWHUDOO\DJUHHVWRVDWLVI\WKHLQGLYLGXDOFODLPVRI only the named plaintiffs.

Counsel of record

For petitioner
David Barry Goroff
FOLEY & LARDNER LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
24A936

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 27 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 22 2025
    Reply of petitioners Carol Lewis, et al. filed.
  4. Aug 13 2025
    Brief of respondent Robert F. Kennedy, Jr., Secretary of Health and Human Services in opposition filed.
  5. Jul 08 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including August 13, 2025.
  6. Jul 07 2025
    Motion to extend the time to file a response from July 14, 2025 to August 13, 2025, submitted to The Clerk.
  7. Jun 09 2025
    Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2025.
  8. Jun 05 2025
    Motion to extend the time to file a response from June 12, 2025 to July 14, 2025, submitted to The Clerk.
  9. May 07 2025
    Petition for a writ of certiorari filed. (Response due June 12, 2025)
  10. Apr 01 2025
    Application (24A936) granted by The Chief Justice extending the time to file until May 7, 2025.
  11. Mar 26 2025
    Application (24A936) to extend the time to file a petition for a writ of certiorari from April 7, 2025 to May 7, 2025, submitted to The Chief Justice.