Supreme Court Report

Supreme Court of the United States · Official docket →

David Alan Carmichael, et al. v. Marco Rubio, Secretary of State, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5111 · judgment May 30, 2024


Certiorari denied · October 6, 2025
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

Does the “appropriate relief’ of the Religious Freedom Restoration Act allow for damages liability, or nominal damages where other damages cannot be quantified, against the United States where, by a breach of duty in their official capacity, a government officer or employee injures the Petitioners’ in their natural and fundamental rights of the free exercise of religion and right to travel beyond the borders? Should the Petitioner’s case have been mooted for want of standing regarding that question? Does “appropriate relief’ of the Religious Freedom Restoration Act provide for damages relief in this case against the unnamable parties in their individual capacity whose identities can only be found by discovery? Should the case have been dismissed with prejudice against the Petitioners without discovery where they alleged that they were injured in their religious, travel and due process rights by tortfeasors whose breach of duty was the cause or proximate cause of the Petitioners’ injuries?

Counsel of record

For petitioner
David Alan Carmichael

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
24A993

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 27 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 21 2025
    Waiver of right of respondent Rubio, Sec. of State, et al. to respond filed.
  4. Jun 03 2025
    Petition for a writ of certiorari filed. (Response due September 2, 2025)
  5. Apr 22 2025
    Application (24A993) granted by The Chief Justice extending the time to file until June 13, 2025.
  6. Apr 01 2025
    Application (24A993) to extend the time to file a petition for a writ of certiorari from April 14, 2025 to June 13, 2025, submitted to The Chief Justice.