Supreme Court Report

Supreme Court of the United States · Official docket →

City of Brunswick, Georgia v. Honeywell International, Inc., et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-13200 · judgment August 3, 2026


46%
estimated cert probability
(petition-stage, structural)
95% interval 29%–65%
Rule 10: dissent below, circuit split argued
Conference-stage estimate: 7%

About 11.2× the 4.1% base rate. The model weights this up for a petition filed soon after the judgment below, a state or local-government petitioner, and a circuit split argued in the petition, and down for a business respondent.

Question presented

This case concerns a frequently recurring scenario: A defendant removes a state case to federal court on a federal-officer-removal theory. The district court rejects that theory and remands the case to state court. The defendant appeals the remand order under 28 U.S.C. §1447(d). The First, Second, Fifth, Seventh, Ninth, Tenth, and D.C. Circuits have held that a stay pending appeal is discretionary. The Fourth and Eleventh Circuits have held that a stay pending appeal is automatic. The question presented is: Whether an appeal from a remand order under 28 U.S.C. §1447(d) triggers an automatic stay, barring the state court from proceeding with the case.

Counsel of record

For petitioner
Michael Frank Qian
Haynes and Boone, LLP

For respondent
T. Joshua R. Archer
Balch & Bingham LLP

Case

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

Conference history
Distributed for 1 conference

Order
Order list, October 19, 2026 · Certiorari denied

Proceedings

  1. Oct 09 2026
    Supplemental brief of petitioner City of Brunswick filed. (Distributed)
  2. Sep 30 2026
    DISTRIBUTED for Conference of 10/16/2026.
  3. Sep 25 2026
    Waiver of right of respondent Honeywell International, Inc. to respond filed.
  4. Sep 08 2026
    Waiver of right of respondent Georgia Power Company to respond filed.
  5. Sep 01 2026
    Petition for a writ of certiorari filed. (Response due October 5, 2026)