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Jessica Sweeney, et al. v. University of Colorado Hospital Authority, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 25-1005 · judgment October 21, 2025


Certiorari denied · June 1, 2026
Pre-decision estimate: 1% cert probability

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

Question presented

Whether the Tenth Circuit erred in affirming dismissal under Federal Rule of Civil Procedure 12(b)(6) on rational-basis review where the complaint plausibly alleged that federal law and binding agreements precluded the State and its political subdivision from punishing public employees who refused to accept administration of investigational drugs or to waive rights protected by the Fourteenth Amendment.

Counsel of record

For petitioner
David J. Schexnaydre
Schexnaydre Law Firm

For respondent
Russell Dorian Johnson
Colorado Department of Law

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
25A751

Proceedings

  1. Jun 01 2026
    Petition DENIED.
  2. May 19 2026
    Letter of May 12, 2026 from counsel for petitioners received.
  3. May 12 2026
    DISTRIBUTED for Conference of 5/28/2026.
  4. Apr 14 2026
    Letter of April 7, 2026 from counsel for petitioners received.
  5. Apr 06 2026
    Brief amici curiae of America's Frontline Doctors, et al. filed.
  6. Feb 18 2026
    Petition for a writ of certiorari filed. (Response due April 6, 2026)
  7. Dec 30 2025
    Application (25A751) granted by Justice Gorsuch extending the time to file until February 18, 2026.
  8. Dec 17 2025
    Application (25A751) to extend the time to file a petition for a writ of certiorari from January 19, 2026 to March 20, 2026, submitted to Justice Gorsuch.