Supreme Court of the United States · Official docket →
Flowers Foods, Inc., et al. v. Angelo Brock
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-1182 · judgment November 12, 2024
Decided · May 28, 2026
Pre-decision estimate: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Are workers who deliver locally goods that travel in interstate commerce-but who do not transport the goods across borders nor interact with vehicles that cross borders-"transportation workers" "engaged in foreign or interstate commerce" for purposes of the Federal Arbitration Act's § 1 exemption?
Counsel of record
For petitioner
Traci L. Lovitt
Jones Day
For respondent
Jennifer Dale Bennett
Gupta Wessler LLP
Case
Conference history
Distributed for 4 conferences
Amicus briefs
1 cert-stage · 18 merits
(10 supporting pet./neither, 8 respondent)
Linked docket
25A789
Argument & decision
Argued March 25, 2026 — Traci L. Lovitt · Jennifer D. Bennett. Audio and transcript
Decided May 28, 2026. Opinion by Gorsuch.
Proceedings
- Jun 29 2026Judgment Issued.
- May 28 2026Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court.
- Mar 25 2026Argued. For petitioners: Traci L. Lovitt, New York, N. Y. For respondent: Jennifer D. Bennett, San Francisco, Cal.
- Mar 02 2026Record received from the United States District Court for the District of Colorado. The record is electronic and is available on PACER.
- Feb 25 2026CIRCULATED
- Feb 17 2026Reply of petitioners Flower Foods, Inc., et al. filed.
- Feb 11 2026Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
- Feb 04 2026Record requested from the United States Court of Appeals for the Tenth Circuit.
- Jan 30 2026SET FOR ARGUMENT on Wednesday, March 25, 2026.
- Jan 22 2026Brief amicus curiae of National Employment Law Project filed.
- Jan 22 2026Brief amici curiae of Professors, et al. filed.
- Jan 22 2026Brief amici curiae of Illinois, et al. filed.
- Jan 22 2026Brief amicus curiae of Constitutional Accountability Center filed.
- Jan 22 2026Brief amicus curiae of National Academy of Arbitrators filed.
- Jan 22 2026Brief amici curiae of AARP, et al. filed.
- Jan 21 2026Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
- Jan 20 2026Brief amici curiae of Public Justice, et al. filed.
- Jan 15 2026Brief of respondent Angelo Brock filed.
- Jan 09 2026Application (25A789) denied by Justice Gorsuch.
- Jan 09 2026Motion to extend the time to file respondent's brief on the merits granted in part and the time is extended to and including January 15, 2026.
- Jan 07 2026Application (25A789) to extend the time to file the reply brief on the merits, submitted to Justice Gorsuch.
- Jan 06 2026Motion for an extension of time to file respondent's brief on the merits filed.
- Jan 02 2026Motion of Angelo Brock for an extension of time not accepted for filing. (January 06, 2026)
- Dec 11 2025Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including January 12, 2026.
- Dec 11 2025Brief amicus curiae of Coalition for Workforce Innovation filed.
- Dec 11 2025Brief amici curiae of Missouri, et al. filed.
- Dec 11 2025Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Dec 11 2025Brief amicus curiae of Menzies Aviation, Inc. filed.
- Dec 11 2025Brief amici curiae of DRI Center for Law, et al. filed.
- Dec 11 2025Brief amicus curiae of Washington Legal Foundation filed.
- Dec 11 2025Brief amici curiae of Independent Bakers Association, et al. filed.
- Dec 11 2025Brief amicus curiae of Amazon.com, Inc. filed.
- Dec 11 2025Brief amicus curiae of California Employment Law Council filed.
- Dec 10 2025Brief amicus curiae of Pioneer New England Legal Foundation filed.
- Dec 05 2025Motion for an extension of time to file respondent's brief on the merits filed.
- Dec 04 2025Brief of petitioners Flower Foods, Inc., et al. filed.
- Dec 04 2025Joint appendix filed. (Statement of costs filed)
- Oct 20 2025Petition GRANTED.
- Oct 14 2025DISTRIBUTED for Conference of 10/17/2025.
- Oct 06 2025DISTRIBUTED for Conference of 10/10/2025.
- Jul 16 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 16 2025Reply of petitioners Flower Foods, Inc., et al. filed. (Distributed)
- Jun 26 2025Brief of respondent Angelo Brock in opposition filed.
- May 20 2025Motion to extend the time to file a response is granted and the time is further extended to and including June 26, 2025.
- May 19 2025Motion to extend the time to file a response from May 27, 2025 to June 26, 2025, submitted to The Clerk.
- Apr 21 2025Motion to extend the time to file a response is granted in part and the time is extended to and including May 27, 2025.
- Apr 17 2025Motion to extend the time to file a response from April 28, 2025 to May 28, 2025, submitted to The Clerk.
- Mar 31 2025Brief amici curiae of DRI Center for Law and Public Policy, et al. filed.
- Mar 28 2025Response Requested. (Due April 28, 2025)
- Mar 26 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 13 2025Waiver of right of respondent Angelo Brock to respond filed.
- Feb 14 2025Petition for a writ of certiorari filed. (Response due March 31, 2025)