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Paul S. Astrup v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-847 · judgment October 23, 2024


Certiorari denied · March 3, 2025
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Pursuant to SCOTUS Rule 13.3, did the lower court appropriately entertain an untimely petition for rehearing thus fixing the time for Astrup to file this petition for a writ of certiorari at 90 days or less from October 23, 2024, which was the date of the lower court’s denial of Astrup’s motion to file a late petition for rehearing and his motion to recall the mandate?

  2. Pursuant to Federal Rule of Civil Procedure 56, did Astrup properly present by affidavit genuine issues as to material facts showing that Plaintiff United States of America was not entitled to the sum­ mary judgment as a matter of law?

  3. Does the Petition Clause of the First Amend­ ment to the U.S. Constitution secure to Astrup: a) the right to a meaningful response from the United States of America to a proper petition for redress of a violation of a provision of the Constitution; and b) the right of enforcement — such as redress before taxes, should the government ignore its obligation to provide a meaningful response?

  4. Is Astrup’s petition for redress of the Govern­ ment’s violation of Articles I and V and the 5th, 7th, 9th, and 14th Amendments of the Constitution of the United States of America a proper petition for redress of grievances?

  5. Does the Summary Order of the United States Court of Appeals for the Second Circuit in United States of America v. Astrup, No. 23-847, U.S. entered June 24, 2024:

Counsel of record

For petitioner
Paul S. Astrup

For respondent
Sarah M. Harris
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 03 2025
    Petition DENIED.
  2. Feb 12 2025
    DISTRIBUTED for Conference of 2/28/2025.
  3. Feb 10 2025
    Waiver of right of respondent United States to respond filed.
  4. Jan 16 2025
    Petition for a writ of certiorari filed. (Response due February 21, 2025)