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Melanie Crites-Bachert v. Providence Health & Services - Oregon

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-6664 · judgment November 10, 2025


Certiorari denied · October 5, 2026
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and counsel who has filed here before, and down for a business respondent.

Question presented

The NDAA for FY 2004, as amended by the Project BioShield Act of 2004, allows the government to authorize experimental drugs for emergency use, but only with the informed consent of patients. This right to informed consent has been recognized for members of the armed forces but not for civilians. QUESTION: Does a civilian have the same private right of action to enforce his right to informed consent to an emergency use authorized drug as members of the armed forces?

Counsel of record

For petitioner
Stephen J. Joncus
Joncus Law

For respondent
Sharon C. Peters
Epstein Becker Green

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
25A1016

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jun 24 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 12 2026
    Waiver of right of respondent Providence Health & Services - Oregon to respond filed.
  4. May 18 2026
    Petition for a writ of certiorari filed. (Response due June 29, 2026)
  5. Mar 17 2026
    Application (25A1016) granted by Justice Kagan extending the time to file until May 18, 2026.
  6. Mar 12 2026
    Application (25A1016) to extend the time to file a petition for a writ of certiorari from March 19, 2026 to May 18, 2026, submitted to Justice Kagan.