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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


11%
estimated cert probability
(petition-stage, structural)
95% interval 7%–16%
Conference-stage estimate: 3%
Rule 10: dissent below, circuit split argued
GVR risk 6%

About 2.7× the 4.1% base rate. The model weights this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

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

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Linked docket
25M91

Proceedings

  1. Aug 26 2026
    Brief of respondent United States in opposition filed.
  2. Aug 03 2026
    Brief amicus curiae of Professor Stephen I. Vladeck filed.
  3. Aug 03 2026
    Brief amici curiae of September Eleventh Families for Peaceful Tomorrows, et al. filed.
  4. Aug 03 2026
    Brief amicus curiae of Professor Claire O. Finkelstein filed.
  5. 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.
  6. Jul 22 2026
    Motion to extend the time to file a response from August 3, 2026 to August 26, 2026, submitted to The Clerk.
  7. Jun 29 2026
    Motion Granted. Justice Kavanaugh took no part in the consideration or decision of this motion.
  8. Jun 10 2026
    Motion DISTRIBUTED for Conference of 6/25/2026.
  9. 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.
  10. Jun 05 2026
    Petition for a writ of certiorari filed. (Response due August 3, 2026)
  11. Apr 01 2026
    Application (25A1072) granted by The Chief Justice extending the time to file until June 5, 2026.
  12. 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.