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Roman Storm v. United States District Court for the Southern District of New York

Paid petition · United States Court of Appeals for the Second Circuit, No. 24-2742 · judgment November 15, 2024


Certiorari denied · March 10, 2025
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a petition filed soon after the judgment below, and a dissent in the court below (flagged in the petition).

Question presented

I. Whether a district court may rely on its “inherent power” to contravene an express provision of Federal Rule of Criminal Procedure Rule 16, where this Court has repeatedly held that the Federal Rules are as “binding as statutes” and district courts have no power to circumvent them. II. Whether the right to a writ of mandamus is “clear and indisputable,” under Cheney v. U.S. Dist. Court, 542 U.S. 367, 381 (2004), where the district court’s order violates settled Supreme Court precedent, even where no circuit Court of Appeals previously has been asked to apply that precedent to the federal rule at issue.

Counsel of record

For petitioner
Brian Edward Klein
Waymaker LLP

For respondent
Sarah M. Harris
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 10 2025
    Petition DENIED.
  2. Feb 19 2025
    DISTRIBUTED for Conference of 3/7/2025.
  3. Feb 13 2025
    Waiver of right of respondent United States to respond filed.
  4. Jan 31 2025
    Petition for a writ of certiorari filed. (Response due March 7, 2025)