Supreme Court of the United States · Official docket →
Jasmine Younge v. Fulton Judicial Circuit District Attorney's Office, Georgia
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-11418 · judgment April 1, 2025
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and an Eleventh Circuit decision below.
Question presented
Rule 8(c)(1) of the Federal Rules of Civil Procedure provides that a party "must" plead "any" affirmative defense. The question presented is: Where a defendant has filed an answer without pleading an affirmative defense, may the defendant nonetheless assert that affirmative defense as the basis for a summary judgment motion, without amending or seeking to amend its answer to plead that affirmative defense, and may a defendant do so even if an amendment adding that affirmative defense would be barred by Rule 16(b)(4)?
Counsel of record
For petitioner
Eric Schnapper
Univ. of Washington School of Law
For respondent
Stephen John Petrany
Jones Day
Case
Conference history
Distributed for 3 conferences
Amicus briefs
4 merits
(1 supporting pet./neither, 3 respondent)
Linked docket
25A155
Proceedings
- Sep 01 2026Reply of petitioner Jasmine Younge filed. (Distributed)
- Aug 27 2026CIRCULATED
- Aug 26 2026Record received from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk (one envelope).
- Aug 19 2026Record requested from the United States Court of Appeals for the Eleventh Circuit.
- Aug 11 2026SET FOR ARGUMENT on Monday, November 2, 2026.
- Aug 10 2026Brief amici curiae of West Virginia, et al. filed.
- Aug 10 2026Brief amicus curiae of Professor Derek Muller filed.
- Aug 10 2026Brief amicus curiae of Michael J. Showalter filed.
- Aug 03 2026Brief of Fulton Judicial Circuit District Attorney's Office, Georgia not accepted for filing. (To be corrected - August 6, 2026)
- Aug 03 2026Brief of respondent Fulton Judicial Circuit District Attorney's Office, Georgia filed. (Corrected - 8/10/26).
- Jun 15 2026Brief amicus curiae of Washington Legal Foundation in support of neither party filed.
- Jun 08 2026Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Jun 08 2026Brief of petitioner Jasmine Younge filed.
- May 20 2026Motion to dispense with printing the joint appendix filed by petitioner Jasmine Younge.
- May 07 2026Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 8, 2026. The time to file respondent's brief on the merits is extended to and including August 3, 2026.
- Apr 29 2026Motion for an extension of time to file the briefs on the merits filed.
- Mar 30 2026Petition GRANTED.
- Mar 23 2026DISTRIBUTED for Conference of 3/27/2026.
- Mar 04 2026DISTRIBUTED for Conference of 3/20/2026.
- Feb 27 2026Reply of petitioner Jasmine Younge filed.
- Feb 13 2026Brief of respondent Fulton Judicial Circuit District Attorney's Office, Georgia in opposition filed.
- Feb 09 2026Motion to extend the time to file a response is granted and the time is further extended to and including February 13, 2026.
- Feb 06 2026Motion to extend the time to file a response from February 6, 2026 to February 13, 2026, submitted to The Clerk.
- Feb 02 2026Motion to extend the time to file a response is granted and the time is further extended to and including February 6, 2026.
- Jan 30 2026Motion to extend the time to file a response from January 21, 2026 to February 6, 2026, submitted to The Clerk.
- Dec 01 2025Motion to extend the time to file a response is granted in part and the time is extended to and including January 21, 2026.
- Nov 26 2025Motion to extend the time to file a response from December 10, 2025 to January 26, 2026, submitted to The Clerk.
- Nov 10 2025Response Requested. (Due December 10, 2025)
- Nov 05 2025DISTRIBUTED for Conference of 11/21/2025.
- Sep 22 2025Petition for a writ of certiorari filed. (Response due October 24, 2025)
- Aug 06 2025Application (25A155) granted by Justice Thomas extending the time to file until September 22, 2025.
- Aug 04 2025Application (25A155) to extend the time to file a petition for a writ of certiorari from August 21, 2025 to September 22, 2025, submitted to Justice Thomas.