Supreme Court Report

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Joseph W. Wade v. Walter T. Mosley, New York Secretary of State, et al.

IFP petition · United States Court of Appeals for the Second Circuit, No. 24-2495 · judgment May 19, 2025


Certiorari denied · November 10, 2025

Questions presented

  1. Under 42 U.S.C. § 1983, against state officials in ‘official capacity,’ does Article III standing require proof that the final outcome of a ‘discrete governmental decision’ would be different if-not-butfor a ‘race and sex conscious technical framework,’ or is it sufficient to show an existence of ‘differential treatment’ and an ‘inability to compete on equal footing’ if-iiot-but-for a ‘race and sex conscious technical framework?’

  2. Does a prayer for “compensatory relief’ exclude all viable remedies in law and equity under § 1983, against state officers in ‘official capacity?’

Counsel of record

For petitioner
Joseph Wade

For respondent
Barbara Dale Underwood
New York Solicitor General

Case

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

Conference history
Distributed for 2 conferences

Orders
Order list, November 10, 2025 · Certiorari denied
Order list, January 12, 2026 · Rehearing denied

Proceedings

  1. Jan 12 2026
    Rehearing DENIED.
  2. Dec 10 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Nov 26 2025
    Petition for Rehearing filed.
  4. Nov 10 2025
    Petition DENIED.
  5. Oct 09 2025
    DISTRIBUTED for Conference of 11/7/2025.
  6. Sep 25 2025
    Waiver of right of respondent Robert J. Rodriguez, et al. to respond filed.
  7. Aug 21 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2025)