Supreme Court of the United States · Official docket →
Donald Wenger v. James T. Warren, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-7194
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
1? Whether state judges are BOUND by the Uniformed Services Former Spouses' Protection Act (USFSPA) Pub. Law 97-252 (1982) pursuant to Article I § 8 of the Constitution, thereby REQUIRED to OBEY the precise definition of "disposable retired pay" expressed in the plain text of Positive Law 10 U.S.C. § 1408(a)(4).
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Whether state judges are BOUND by the Veterans Judicial Review Act (VJRA) Pub. Law 100-687 (1988) pursuant to Article I § 8 of the Constitution, thereby REQUIRED to OBEY the Complete Federal Preemption expressed in the plain text of Positive Law 38 U.S.C. § 511.
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Whether the Defendants are Personally Liable in their Individual Capacity for their violations of Positive Law 10 U.S.C. § 1408 and Positive Law 38 U.S.C. § 511 in the complete absence of all Jurisdiction on the Subject Matters of Title 10 and Title 38.
Counsel of record
For petitioner
Donald Wenger
For respondent
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Case
Conference history
Distributed for 2 conferences
Linked docket
25M24
Proceedings
- Mar 09 2026Petition DENIED.
- Feb 18 2026DISTRIBUTED for Conference of 3/6/2026.
- Oct 14 2025Motion Denied.
- Sep 17 2025DISTRIBUTED for Conference of 10/10/2025.
- Aug 23 2025Motion of petitioner for leave to proceed as a veteran filed.
- Aug 23 2025Petition for a writ of certiorari filed. (Response due February 4, 2026)