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Donald Wenger v. James T. Warren, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-7194


Certiorari denied · March 9, 2026
Pre-decision estimate: 0% cert probability

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).

  1. 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.

  2. 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

Case

Conference history
Distributed for 2 conferences

Linked docket
25M24

Proceedings

  1. Mar 09 2026
    Petition DENIED.
  2. Feb 18 2026
    DISTRIBUTED for Conference of 3/6/2026.
  3. Oct 14 2025
    Motion Denied.
  4. Sep 17 2025
    DISTRIBUTED for Conference of 10/10/2025.
  5. Aug 23 2025
    Motion of petitioner for leave to proceed as a veteran filed.
  6. Aug 23 2025