Supreme Court Report

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Barbie Bassett v. Gray Media Group, Incorporated, dba WLBT-TV

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-60278 · judgment May 22, 2026


3%
estimated cert probability
(petition-stage, structural)
Rule 10: circuit split argued
At the Nov 6 conference: granted 0.10% · GVR 0.03% · relisted 4.2% · denied 96%
Granted ever, conference-stage estimate: 2.1%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether use of the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), burden-shifting methodology is the only way a plaintiff can survive a motion for summary judgment in a Title VII employment discrimination case.

Counsel of record

For petitioner
Jim Waide
Waide & Associates, P.A.

For respondent
David Lawrence Schenberg
Ogletree, Deakins, Nash, Smoak & Stewart, PC

Case

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

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Sep 29 2026
    Waiver of right of respondent Gray Media Group, Incorporated, doing business as WLBT-TV to respond filed.
  3. Sep 16 2026
    Petition for a writ of certiorari filed. (Response due October 21, 2026)