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M. D., By Next Friend, Sarah R. Stukenberg, et al. v. Greg Abbott, Governor of Texas, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-40248 · judgment October 11, 2024


Certiorari denied · October 6, 2025
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether civil contempt sanctions imposed through proceedings that undisputedly comported with civil due process may be affirmed even if the contempt order seemingly also imposed punitive sanctions.

  2. Whether the defense of “substantial compliance” involves more than a mathematical inquiry and instead requires alleged civil contemnors to show they took “all reasonable steps” to comply with the clear intent of pertinent court orders.

  3. Whether a court of appeals should consider whether opinions expressed by a district judge were properly formed during the course of litigation and should give significant weight to the resulting waste and duplication of judicial effort before taking the extraordinary step of removing a diligent district judge from a complex case.

Counsel of record

For petitioner
R. Paul Yetter
Yetter Coleman LLP

For respondent
Allyson Ho
Gibson, Dunn & Crutcher LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Sep 10 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Sep 05 2025
    Reply of petitioners M. D., By Next Friend, Sarah R. Stukenberg, et al. filed.
  4. Aug 27 2025
    Brief of respondents Greg Abbott, Governor of Texas, et al. in opposition filed.
  5. Aug 15 2025
    Brief amicus curiae of National Catholic Partnership on Disability filed.
  6. Aug 13 2025
    Rule 35.3 Letter from respondents filed.
  7. Jul 18 2025
    Motion to extend the time to file a response is granted and the time is extended to and including September 15, 2025, for all respondents.
  8. Jul 17 2025
    Motion to extend the time to file a response from August 15, 2025 to September 15, 2025, submitted to The Clerk.
  9. Jul 16 2025
    Response Requested. (Due August 15, 2025)
  10. Jun 25 2025
    DISTRIBUTED for Conference of 9/29/2025.
  11. Jun 13 2025
    Waiver of right of respondent Greg Abbott, Governor of Texas, et al. to respond filed.
  12. Jun 13 2025
    Brief amici curiae of Foster Care Advocacy Center, et al. filed.
  13. May 12 2025
    Petition for a writ of certiorari filed. (Response due June 13, 2025)