Supreme Court of the United States · Official docket →
James E. McNair v. K. Johnson
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-10153 · judgment July 14, 2025
Certiorari denied · May 4, 2026
Pre-decision estimate: 4% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and an Eleventh Circuit decision below.
Question presented
Whether federal courts have the power to issue sanctions under their inherent authority without first finding “bad faith,” and, if they do, whether they have the power to issue sanctions under their inherent authority even for “unintentional or merely negligent conduct.” (i)
Counsel of record
For petitioner
Andrew Timothy Tutt
Arnold & Porter Kaye Scholer
For respondent
Michael James Bentley
Bradley Arant Boult Cummings LLP
Proceedings
- May 04 2026Petition DENIED.
- Apr 16 2026Reply of petitioner James E. McNair filed. (Distributed)
- Apr 15 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 10 2026Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Apr 08 2026Brief of respondent K. Johnson in opposition filed.
- Mar 09 2026Brief amici curiae of Robert J. Pushaw, et al. filed.
- Feb 23 2026Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2026.
- Feb 20 2026Motion to extend the time to file a response from March 9, 2026 to April 8, 2026, submitted to The Clerk.
- Feb 06 2026Response Requested. (Due March 9, 2026)
- Jan 28 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 20 2026Waiver of right of respondent K. Johnson to respond filed.
- Jan 06 2026Petition for a writ of certiorari filed. (Response due February 9, 2026)
- Nov 14 2025Application (25A559) granted by Justice Thomas extending the time to file until January 6, 2026.
- Nov 11 2025Application (25A559) to extend the time to file a petition for a writ of certiorari from December 7, 2025 to February 5, 2026, submitted to Justice Thomas.