Supreme Court of the United States · Official docket →
In Re Stephen J. Williams
IFP petition
Questions presented
Two of the three judges who decided Petitioner’s appeals were named defendants in a pending civil action brought by Petitioner, requiring their disqualification under 28 U.S.C. § 455(b)(5)(i). With only one authorized judge on the panel, no lawful quorum existed under 28 U.S.C. § 46(d). And because the SDNY action names all thirteen active judges of the Second Circuit as defendants, the en banc court is equally foreclosed — every active circuit judge is subject to the same disqualification. The questions are:
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Whether mandamus is mandated to vacate orders issued by a panel that lacked statutory authority to act under 28 U.S.C. § 455(b)(5)(i), where the participation of the disqualified judges is itself the complete defect, the quorum failure independently confirms that no lawful tribunal existed, and — because the entire active bench of the circuit is subject to the same disqualification — no forum within the circuit is capable of providing relief?
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Whether this Court’s constitutional responsibility to ensure that the judicial power of the United States is exercised only by lawfully constituted courts requires it to act when orders issued by a panel lacking statutory authority stand unremedied as purported exercises of that power?
Counsel of record
For petitioner
Stephen John Williams
For respondent
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Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
26A417
Order
Order list, October 5, 2026 · Mandamus denied
Proceedings
- Oct 05 2026Petition DENIED.
- Sep 28 2026Application (26A417) denied by Justice Sotomayor.
- Sep 14 2026Application (26A417) to recall and stay the mandate, submitted to Justice Sotomayor.
- Aug 27 2026Supplemental brief of petitioner Stephen J. Williams filed. (Distributed)
- Aug 06 2026DISTRIBUTED for Conference of 9/28/2026.
- Apr 20 2026Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2026)