Supreme Court of the United States · Official docket →
Marty Hierholzer, et al. v. Kelly Loeffler, Administrator, Small Business Administration, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 24-1187 · judgment January 3, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Small Business Administration’s Section 8(a) Business Development Program provides valuable benefits to small businesses owned by individuals deemed “socially disadvantaged.” Members of favored racial and ethnic groups are presumed to be disadvantaged, while other applicants must prove it. Small businesses in the program receive exclusive access to contracts with the federal government and other training and business development opportunities. Marty Hierholzer, a service-disabled veteran, has twice been denied entry to the program after SBA concluded that evidence of his social disadvantage was insufficient. The Fourth Circuit held that he lacks standing to challenge the race-based rule that unequally excuses some applicants from demonstrating their social disadvantage. The question presented is: Whether a small-business owner who was denied entry into SBA’s Section 8(a) Business Development Program for failing to prove “social disadvantage” has Article III standing to challenge a race-based presumption that excuses certain applicants from making that showing.
Counsel of record
For petitioner
Glenn Evans Roper
Pacific Legal Foundation
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 16 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 15 2025Reply of petitioners Marty Hierholzer, et al. filed. (Distributed)
- Dec 01 2025Brief of respondents Kelly Loeffler, et al. in opposition filed.
- Oct 24 2025Motion to extend the time to file a response is granted and the time is further extended to and including November 28, 2025.
- Oct 22 2025Motion to extend the time to file a response from October 29, 2025 to November 28, 2025, submitted to The Clerk.
- Sep 22 2025Motion to extend the time to file a response is granted and the time is further extended to and including October 29, 2025.
- Sep 19 2025Motion to extend the time to file a response from September 29, 2025 to October 29, 2025, submitted to The Clerk.
- Aug 28 2025Brief amici curiae of American Civil Rights Project, et al. filed.
- Aug 21 2025Motion to extend the time to file a response is granted and the time is extended to and including September 29, 2025.
- Aug 20 2025Motion to extend the time to file a response from August 28, 2025 to September 29, 2025, submitted to The Clerk.
- Jul 29 2025Response Requested. (Due August 28, 2025)
- Jul 29 2025Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed.
- Jul 23 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 11 2025Waiver of right of respondent Kelly Loeffler, Administrator, Small Business Administration, et al. to respond filed.
- Jul 01 2025Petition for a writ of certiorari filed. (Response due August 4, 2025)
- May 02 2025Application (24A1049) granted by The Chief Justice extending the time to file until July 2, 2025.
- Apr 22 2025Application (24A1049) to extend the time to file a petition for a writ of certiorari from June 2, 2025 to July 2, 2025, submitted to The Chief Justice.