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Lydia Olson, et al. v. California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55757 · judgment June 10, 2024


Certiorari denied · October 15, 2024
Pre-decision estimate: 18% cert probability (95% interval 13%–24%)

Before the decision, about 4.3× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether a court may dismiss for failure to state a claim a constitutional challenge to a law subject to rational-basis review based on hypothetical facts not pleaded in the complaint?

Counsel of record

For petitioner
Theane Evangelis Kapur
Gibson, Dunn & Crutcher LLP

For respondent
Samuel Thomas Harbourt
California Department of Justice

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Oct 15 2024
    Petition DENIED.
  2. Oct 10 2024
    Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed.
  3. Oct 01 2024
    Brief amici curiae of California Employment Law Council, et al. filed. (Distributed)
  4. Sep 25 2024
    DISTRIBUTED for Conference of 10/11/2024.
  5. Sep 17 2024
    Waiver of right of respondent California, et al. to respond filed.
  6. Sep 06 2024
    Petition for a writ of certiorari filed. (Response due October 10, 2024)