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Matthew Borges v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-3566 · judgment May 6, 2025


Certiorari denied · April 27, 2026
Pre-decision estimate: 1% cert probability

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

Question presented

The First Amendment protects soliciting for, and contributing to, political campaigns based on policies that a candidate agrees to take while in office. To avoid chilling that core speech, this Court’s precedent requires an explicit quid pro quo when the alleged “bribe” is a contribution. Yet some courts, invoking Evans v. United States, allow conviction on ambiguous “in return for” evidence and “as opportunities arise” jury instructions. The question presented is: When alleged bribery rests solely on lawful campaign contributions, must the government prove an explicit, unambiguous quid pro quo conditioning an official act, or may a conviction rest on such ambiguity?

Counsel of record

For petitioner
Joseph Alexander Little IV
Litson PLLC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Related
Vide, 25-756

Linked docket
25A485

Proceedings

  1. Apr 27 2026
    Petition DENIED.
  2. Apr 08 2026
    DISTRIBUTED for Conference of 4/24/2026.
  3. Apr 08 2026
    Reply of petitioner Matthew Borges filed. (Distributed)
  4. Mar 25 2026
    Brief of respondent United States in opposition filed. VIDED.
  5. Feb 23 2026
    Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2026.
  6. Feb 23 2026
    Brief amici curiae of Robert McDonnell, et al. filed.
  7. Feb 20 2026
    Motion to extend the time to file a response from February 23, 2026 to March 25, 2026, submitted to The Clerk.
  8. Jan 23 2026
    Response Requested. (Due February 23, 2026)
  9. Jan 14 2026
    DISTRIBUTED for Conference of 2/20/2026.
  10. Jan 12 2026
    Waiver of right of respondent United States of America to respond filed.
  11. Dec 22 2025
    Petition for a writ of certiorari filed. (Response due January 28, 2026)
  12. Oct 28 2025
    Application (25A485) granted by Justice Kavanaugh extending the time to file until December 22, 2025.
  13. Oct 23 2025
    Application (25A485) to extend the time to file a petition for a writ of certiorari from October 23, 2025 to December 22, 2025, submitted to Justice Kavanaugh.