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Sam Silverberg v. District of Columbia, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 24-7165 · judgment April 14, 2025


Certiorari denied · October 20, 2025
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether the appellate court committed error by overturning Hibbs v. Winn, 542 U.S. 88 (2004) by holding that any constitutional claim arising directly from the assessment bars federal jurisdiction even when the claim does not negatively impact the flow of revenue to the general fund?

  2. Whether the appellate court committed error by not finding that the defendant was collaterally estopped from asserting that the test for exclusive jurisdiction of constitutional claims was established in Hibbs, by virtue of their litigation in Colemanv. Dist. of Columbia, 70 F.Supp. 3d 58 (D.D.C. 2014)?

  3. Whether the appellate court committed error by deciding the case without first resolving the issue of collateral estoppel, where the district court held that when a constitutional claim does not negatively impact the flow of revenue to the general fund, federal courts have jurisdiction? Coleman v. Dist. of Columbia, 70 F. Supp. 3d 58 (D.D.C. 2014)

Counsel of record

For petitioner
Sam Silverberg

For respondent
Thais-Lyn Trayer
D.C. Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 20 2025
    Petition DENIED.
  2. Oct 01 2025
    DISTRIBUTED for Conference of 10/17/2025.
  3. Sep 29 2025
    Waiver of right of respondent District of Columbia, et al. to respond filed.
  4. Jul 10 2025
    Petition for a writ of certiorari filed. (Response due October 15, 2025)