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Khalid Shaikh Mohammad, et al. v. United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 25-1009 · judgment July 11, 2025


Certiorari denied · October 19, 2026
Pre-decision estimate: 12% cert probability (95% interval 8%–19%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below.

Questions presented

CAPITAL CASE

  1. Whether a court of appeals has jurisdiction under the All Writs Act, 28 U.S.C. § 1651(a), where the government has no statutory right to an interlocutory or final judgment appeal, to issue a writ of mandamus to review an interlocutory procedural order in a criminal case that does not have the effect of a dismissal.

  2. Whether a trial court’s procedural ruling in a criminal case may be enjoined by mandamus, where the court of appeals acknowledged that the trial court followed well-established and uncontested precedent.

Counsel of record

For petitioner
Michel Paradis
Steptoe LLP

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 4 conferences

Amicus briefs
3 cert-stage

Related
Vide, 25-1335

Linked docket
25M91

Order
Order list, October 19, 2026 · Certiorari denied

Proceedings

  1. Oct 19 2026
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Oct 13 2026
    DISTRIBUTED for Conference of 10/16/2026.
  3. Oct 05 2026
    DISTRIBUTED for Conference of 10/9/2026.
  4. Oct 05 2026
    Rescheduled.
  5. Sep 22 2026
    Rescheduled.
  6. Sep 09 2026
    DISTRIBUTED for Conference of 9/28/2026.
  7. Sep 08 2026
    Reply of petitioners Khalid Shaikh Mohammad, et al. filed. (Distributed)
  8. Aug 26 2026
    Brief of respondent United States in opposition filed.
  9. Aug 03 2026
    Brief amicus curiae of Professor Stephen I. Vladeck filed.
  10. Aug 03 2026
    Brief amici curiae of September Eleventh Families for Peaceful Tomorrows, et al. filed.
  11. Aug 03 2026
    Brief amicus curiae of Professor Claire O. Finkelstein filed.
  12. Jul 24 2026
    Motion to extend the time to file a response is granted and the time is extended to and including August 26, 2026.
  13. Jul 22 2026
    Motion to extend the time to file a response from August 3, 2026 to August 26, 2026, submitted to The Clerk.
  14. Jun 29 2026
    Motion Granted. Justice Kavanaugh took no part in the consideration or decision of this motion.
  15. Jun 10 2026
    Motion DISTRIBUTED for Conference of 6/25/2026.
  16. Jun 05 2026
    Motion (25M91) of petitioners for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  17. Jun 05 2026
    Petition for a writ of certiorari filed. (Response due August 3, 2026)
  18. Apr 01 2026
    Application (25A1072) granted by The Chief Justice extending the time to file until June 5, 2026.
  19. Mar 25 2026
    Application (25A1072) to extend the time to file a petition for a writ of certiorari from April 6, 2026 to June 5, 2026, submitted to The Chief Justice.