Supreme Court Report

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Edward Allyn Hudacko v. Regents of the University of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-7360 · judgment October 21, 2025


12%
estimated cert probability
(petition-stage, structural)
95% interval 7%–19%
Rule 10: circuit split argued
Conference-stage estimate: 8%

About 2.9× the 4.1% base rate. The model weights this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition citing more than ten dissents.

Questions presented

With his divorce, a state family court stripped Ted Hudacko of all parental rights but one: “any gender identity related surgery” on his minor son required Hudacko’s approval. When such surgery occurred at a state hospital without his knowledge or consent— presenting another instance of what four Justices call “a question of great and growing national importance”—Hudacko sued for violating his parental rights. He pleaded that the procedure was surgery and defendants knew it. Yet the Ninth Circuit affirmed dismissal of his claims, determining that qualified immunity applied because Hudacko did not present controlling judicial precedent under similar facts, thus failing to show a violation of clearly established law. The questions presented are:

  1. Whether judicial decisions are the only valid source of clearly established law (the approach of the 5th, 7th, 9th, 10th, and D.C. Circuits); or whether other sources of law or non-legal materials, like professional knowledge, may also be examined (as in the 1st, 2d, 3d, 4th, 6th, 8th, and 11th Circuits)?

  2. Whether the same clearly established-law test applies to all government officials, or whether as a threshold question courts should determine “whether immunity was historically accorded the relevant official in an analogous situation at common law,” as this Court used to ask in qualified immunity cases and still does for absolute immunity. Baxter v. Bracey, 590 U.S. 1011, 1014 (2020) (Thomas, J., dissenting from denial of certiorari).

Counsel of record

For petitioner
Gene Clayton Schaerr
Schaerr | Jaffe

For respondent
Lisa M. Kralik
Cochran Davis & Associates, P.C.

Case

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

Conference history
Distributed for 1 conference

Amicus briefs
5 cert-stage

Linked docket
25A1345

Proceedings

  1. Sep 25 2026
    Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2026, for all respondents.
  2. Sep 24 2026
    Motion to extend the time to file a response from October 19, 2026 to November 18, 2026, submitted to The Clerk.
  3. Sep 17 2026
    Response Requested. (Due October 19, 2026)
  4. Sep 16 2026
    DISTRIBUTED for Conference of 10/9/2026.
  5. Sep 09 2026
    Brief amicus curiae of Sutherland Institute filed.
  6. Sep 09 2026
    Brief amici curiae of Independent Women's Law Center, et al. filed.
  7. Sep 09 2026
    Brief amicus curiae of American College of Pediatricians filed.
  8. Sep 09 2026
    Brief amici curiae of Our Duty–USA, et al. filed.
  9. Sep 03 2026
    Waiver of right of respondent Nathaniel Bigger to respond filed.
  10. Aug 28 2026
    Waiver of right of respondent Daniel Harkins to respond filed.
  11. Aug 27 2026
    Waiver of right of respondents The Regents of the University of California, et al. to respond filed.
  12. Aug 26 2026
    Brief amicus curiae of NC Values Institute filed.
  13. Aug 25 2026
    Waiver of right of respondent Christine Underhill, fka Christine Hudacko to respond filed.
  14. Aug 07 2026
    Petition for a writ of certiorari filed. (Response due September 9, 2026)
  15. Jun 03 2026
    Application (25A1345) granted by Justice Kagan extending the time to file until August 7, 2026.
  16. May 29 2026
    Application (25A1345) to extend the time to file a petition for a writ of certiorari from June 9, 2026 to August 7, 2026, submitted to Justice Kagan.