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Benancio Garcia, III v. Steven Hobbs, Secretary of State of Washington, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-2603 · judgment August 27, 2025


2%
estimated cert probability
(petition-stage, structural)
Conference-stage estimate: 11%
GVR risk 4%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Petitioner Benancio Garcia III challenged Washington State’s Legislative District 15 as an unconstitutional racial gerrymander. The three-judge district court panel dismissed his claim as moot after a single-judge district court in a different case, Soto Palmer v. Hobbs, No. 3:22-cv-05035 (W.D. Wash.), enjoined the use of the map that created Legislative District 15 and ordered the State to draw a replacement district. This Court vacated and remanded with instructions to enter a fresh judgment from which an appeal may be taken to the U.S. Court of Appeals for the Ninth Circuit. The three-judge Panel amended its judgment accordingly, and Petitioner appealed. The Ninth Circuit affirmed. The question presented is: Whether a plaintiff’s Equal Protection Clause racial gerrymandering claim is rendered moot when the challenged legislative district is replaced in a different proceeding by a judicial remedy that intensifies the plaintiff’s racial classification injury, and which is subject to ongoing appellate review.

Counsel of record

For petitioner
Jason Brett Torchinsky
Holtzman Vogel Baran Torchinsky Josefiak PLLC

For respondent
Cristina Marie Hwang Sepe
Washington State Office of the Attorney General

Case

Conference history
Distributed for 3 conferences

Linked docket
25A482

Proceedings

  1. Jun 17 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 10 2026
    Reply of petitioner Benancio Garcia III filed.
  3. Jun 02 2026
    Brief of respondent Washington filed.
  4. Apr 09 2026
    Motion to extend the time to file a response is granted in part and the time is extended to and including June 2, 2026, for all respondents.
  5. Apr 09 2026
    Response to motion to extend the time to file a response from petitioner Benancio Garcia III filed.
  6. Apr 08 2026
    Motion to extend the time to file a response from April 24, 2026 to June 23, 2026, submitted to The Clerk.
  7. Mar 25 2026
    Response Requested. (Due April 24, 2026)
  8. Mar 17 2026
    DISTRIBUTED for Conference of 4/2/2026.
  9. Mar 11 2026
    Rescheduled.
  10. Mar 04 2026
    DISTRIBUTED for Conference of 3/20/2026.
  11. Mar 02 2026
    Waiver of right of respondent Steve Hobbs, Secretary of State and State of Washington to respond filed.
  12. Jan 23 2026
    Petition for a writ of certiorari filed. (Response due March 2, 2026)
  13. Oct 28 2025
    Application (25A482) granted by Justice Kagan extending the time to file until January 24, 2026.
  14. Oct 24 2025
    Application (25A482) to extend the time to file a petition for a writ of certiorari from November 25, 2025 to January 24, 2026, submitted to Justice Kagan.