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Adis Kovac, et al. v. Kash Patel, Director, Federal Bureau of Investigation, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10284 · judgment July 22, 2024


Certiorari denied · February 24, 2025
Pre-decision estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether a series of general statements of purpose and after-the-fact references can provide the clear congressional authority required by the major-questions doctrine, even if no statute explicitly authorizes the challenged action by the relevant agencies.

  2. Whether a court can properly identify clear congressional authorization under the major-questions doctrine without considering the significance of the power the government claims. (i)

Counsel of record

For petitioner
Tobias Samuel Loss-Eaton
Sidley Austin LLP

For respondent
Sarah M. Harris
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
24A335

Proceedings

  1. Feb 24 2025
    Petition DENIED.
  2. Feb 05 2025
    DISTRIBUTED for Conference of 2/21/2025.
  3. Jan 22 2025
    Waiver of right of respondent Federal Respondents to respond filed.
  4. Dec 19 2024
    Petition for a writ of certiorari filed. (Response due January 22, 2025)
  5. Nov 05 2024
    Application (24A335) granted by Justice Alito extending the time to file until December 19, 2024.
  6. Nov 01 2024
    Application (24A335) to extend further the time from November 19, 2024 to December 19, 2024, submitted to Justice Alito.
  7. Oct 08 2024
    Application (24A335) granted by Justice Alito extending the time to file until November 19, 2024.
  8. Oct 04 2024
    Application (24A335) to extend the time to file a petition for a writ of certiorari from October 20, 2024 to November 20, 2024, submitted to Justice Alito.