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Adolfo Sandor Montero v. Commissioner of Internal Revenue

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-60302 · judgment December 9, 2024


Certiorari denied · October 6, 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.

Question presented

i INTRODUCTION This case presents a grave and unavoidable question: whether the United States Supreme Court remains committed to enforcing the Constitution as written, or whether constitutional fidelity has been subordinated to political expediency, public policy optics, and undisclosed influences over judicial outcomes. Despite multiple petitions documenting lower courts’ deliberate distortions of controlling Supreme Court precedent — most notably Brushaber1 and now Moore2 — this Court has repeatedly denied certiorari without explanation. The courts below, emboldened by this silence, continue fabricating doctrines in open defiance of binding Supreme Court authority. At stake is not merely Petitioner’s right to due process, but the structural integrity of constitutional governance itself. If lower courts may freely misrepresent, invert, or ignore Supreme Court rulings without correction, and if certiorari review is withheld not for want of merit but for fear of political disruption or financial consequences, then constitutional enforcement collapses into a selective, outcomedriven facade. This Petition demands a sober reckoning with these realities. It seeks enforcement of this Court’s own precedents, and an answer to the 1 Brushaber v. Union Pacific Railroad Co., 240 U.S, 1 (1916) 2 Moore v. United States, No. 22-800 (2024)

Counsel of record

For petitioner
Adolfo S. Montero

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 06 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 29 2025
    Waiver of right of respondent CIR to respond filed.
  4. May 05 2025
    Petition for a writ of certiorari filed. (Response due August 13, 2025)