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United States v. Devonte Devon Jackson, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 25-6214, 25-6470, 25-6223, 25-6475, 25-6224, 25-6465 · judgment August 17, 2026


86%
estimated cert probability
(at filing, petition-stage)
95% interval 78%–91%
Rule 10: circuit split argued

About 20.7× the 4.1% base rate. The model weights this up for a federal-government petitioner, a petition filed soon after the judgment below, and counsel who has won certiorari before.

Questions presented

The Federal Vacancies Reform Act of 1998 (FVRA), 5 U.S.C. 3345 et seq., permits an acting officer to perform the functions and duties of an office requiring presidential appointment and Senate confirmation if the appointed officer “dies, resigns, or is otherwise unable to perform the functions and duties of the office.” 5 U.S.C. 3345(a). Although the President can make an alternative choice, the default rule is that “the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity.” 5 U.S.C. 3345(a)(1). Subject to certain exceptions, the FVRA is “the exclusive means for temporarily authorizing an acting official to perform the functions and duties” of a covered office. 5 U.S.C. 3347(a). The questions presented are:

  1. Whether a person who becomes the first assistant after a vacancy arises is ineligible to be the acting officer under Section 3345(a)(1).

  2. Whether Section 3347(a) prohibits a person who is not an acting officer under Section 3345(a) from being delegated all of the duties of a vacant office that may be delegated to others and that are not exclusive to the vacant office.

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Jeremy Baron
Federal Public Defender, District of Nevada

Case

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

Conference history
—

Proceedings

  1. Nov 02 2026
    Brief of respondents Devonte Devon Jackson, et al. in opposition filed.
  2. Sep 25 2026
    Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2026.
  3. Sep 24 2026
    Motion to extend the time to file a response from October 8, 2026 to November 5, 2026, submitted to The Clerk.
  4. Sep 08 2026
    Petition for a writ of certiorari filed. (Response due October 8, 2026)