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Donald J. Trump, President of the United States, et al. v. O. Doe, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 25-1169, 25-1170


Certiorari denied · June 30, 2026
Pre-decision estimate: 51% cert probability (95% interval 34%–69%)

Before the decision, about 12.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a First Circuit decision below.

Question presented

Whether President Trump’s Executive Order No. 14,160, 90 Fed. Reg. 8449 (Jan. 29, 2025), which identifies circumstances in which a person born in the United States is not “subject to the jurisdiction thereof ” and so is not recognized as a citizen of the United States, complies on its face with the Fourteenth Amendment’s Citizenship Clause and 8 U.S.C. 1401(a). (I)

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Jeremy Michael Feigenbaum
Office of the New Jersey Attorney General

Case

Conference history
Distributed for 2 conferences

Linked docket
25A714

Proceedings

  1. Jun 30 2026
    Petition DENIED.
  2. Jun 29 2026
    DISTRIBUTED for Conference of 6/29/2026.
  3. Mar 17 2026
    DISTRIBUTED for Conference of 4/2/2026.
  4. Mar 02 2026
    Brief of respondents State Respondents in opposition filed.
  5. Feb 27 2026
    Memorandum of Respondents O. Doe, et al. filed.
  6. Jan 30 2026
    Petition for a writ of certiorari filed. (Response due March 2, 2026)
  7. Dec 19 2025
    Application (25A714) granted by Justice Jackson extending the time to file until February 2, 2026.
  8. Dec 17 2025
    Application (25A714) to extend the time to file a petition for a writ of certiorari from January 1, 2026 to February 2, 2026, submitted to Justice Jackson.