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In Re Warren Petersen, et al.

Paid petition


Certiorari denied · November 4, 2024
Pre-decision estimate: 3% cert probability

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

Question presented

  1. Whether, in a private civil action challenging the constitutionality of a state law, the leaders of a state legislature waive the legislative privilege’s protections, including for legislative motives, when they exercise their statutory right to intervene to defend the law.

  2. Whether, in a private civil action challenging the constitutionality of a state law, the leaders of a state legislature waive the Morgan doctrine’s protections for high-ranking officials when they exercise their statutory right to intervene to defend the law.

Counsel of record

For petitioner
D. John Sauer
James Otis Law Group, LLC

For respondent
Justin Richard Rassi
Debevoise & Plimpton LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
24A218

Proceedings

  1. Nov 04 2024
    Petition DENIED.
  2. Oct 09 2024
    DISTRIBUTED for Conference of 11/1/2024.
  3. Sep 27 2024
    Waiver of right of respondents Jane Doe, by her next friends and parents Helen Doe and James Doe; Megan Roe, by her next friends and parents Kate Roe and Robert Roe to respond filed.
  4. Sep 03 2024
    Application (24A218) denied by Justice Kagan.
  5. Aug 30 2024
    Brief amici curiae of Texas, et al. filed.
  6. Aug 20 2024
    Petition for a writ of mandamus filed. (Response due September 27, 2024)
  7. Aug 20 2024
    Application (24A218) for a stay pending disposition of the petition for a writ of mandamus, submitted to Justice Kagan.