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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: the model weighted this down for a self-represented petitioner.

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

Order
Order list, March 9, 2026 · Certiorari denied

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