Supreme Court of the United States · Official docket →
A. M. B., et al. v. Kelly J. McKnight, Presiding Judge, Circuit Court of Wisconsin, Ashland County
Paid petition · Supreme Court of Wisconsin, No. 2022AP1334 · judgment April 30, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a dissent in the court below (flagged in the petition).
Question presented
Petitioners A.M.B. and T.G. have been in a committed relationship for over a decade. Together, they have raised M.M.C, A.M.B.’s biological daughter, as their child. M.M.C.’s biological father was never a serious part of M.M.C.’s life, and his parental rights have been terminated. Everyone—including the State of Wisconsin—acknowledges that it would be in the best interests of M.M.C. for T.G. to adopt her, giving her the legal father she currently lacks. Yet, the Wisconsin Supreme Court disapproved that adoption on the basis of a Wisconsin law that categorically disqualifies unmarried people from adopting the children of their partners, even though Wisconsin law allows such second-parent adoption by married people, and even though Wisconsin law normally equates married and unmarried people for the purposes of adoption. The question presented is: Whether a State’s categorical disqualification of unmarried people from adopting the children of their partners violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
Counsel of record
For petitioner
Gregory G. Garre
Latham & Watkins LLP
For respondent
Lynn Kristine Lodahl
Wisconsin Department of Justice
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 merits
(1 supporting pet./neither)
Linked docket
24M29, 24A87
Proceedings
- Jan 13 2025Petition DENIED.
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 23 2024Reply of petitioners A. M. B., et al. filed. (Distributed)
- Dec 19 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- Dec 17 2024Brief of respondent Kelly McKnight in opposition filed.
- Nov 20 2024Brief amici curiae of Cato Institute, et al. filed.
- Oct 25 2024Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2024.
- Oct 23 2024Motion to extend the time to file a response from November 20, 2024 to December 17, 2024, submitted to The Clerk.
- Oct 21 2024Motion (24M29) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
- Oct 02 2024MOTION (24M29) DISTRIBUTED for Conference of 10/18/2024.
- Sep 26 2024Motion (24M29) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
- Sep 26 2024Petition for a writ of certiorari filed. (Response due November 20, 2024)
- Jul 25 2024Application (24A87) granted by Justice Barrett extending the time to file until September 27, 2024.
- Jul 18 2024Application (24A87) to extend the time to file a petition for a writ of certiorari from July 29, 2024 to September 27, 2024, submitted to Justice Barrett.