Supreme Court of the United States · Official docket →
Gengshu Scott He, et al. v. Marco Rubio, Secretary of State, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 24-5034 · judgment June 23, 2026
(petition-stage, structural)
Well below the 4.1% base rate: the model weights this down for a petition under 3,000 words.
Question presented
Whether the Federal Employees Compensation Act, 5 U.S.C. § 8101, et seq. (“FECA”), requires a federal district court to allow the executive branch to decide a claim by a federal government employee who seeks relief against the United States under common law pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (“FTCA”), and who alleges neither “disability,” nor “death,” nor that his common law damages were “sustained while in the performance of his duty,” as those terms are used in Section 8102(a) of FECA?
Counsel of record
For petitioner
Mitchell Jay Rotbert
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
—
Proceedings
- Oct 16 2026Waiver of Rubio, Marco, et al. of right to respond submitted.
- Sep 21 2026Petition for a writ of certiorari filed. (Response due October 23, 2026)