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United States v. Miller

Docket No. Op. Below Argument Opinion Vote Author Term
23-824 10th Cir. Dec 2, 2024 Mar 26, 2025 8-1 Jackson OT 2024

Holding: Section 106(a) of the Bankruptcy Code abrogates the government"s sovereign immunity with respect to a Section 544(b) claim but that waiver does not extend to state-law claims nested within that federal claim.

Judgment: Reversed, 8-1, in an opinion by Justice Jackson on March 26, 2025. Justice Gorsuch filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/16/2023Application (23A445) to extend the time to file a petition for a writ of certiorari from November 30, 2023 to January 2, 2024, submitted to Justice Gorsuch.
11/17/2023Application (23A445) granted by Justice Gorsuch extending the time to file until January 2, 2024.
12/18/2023Application (23A445) to extend further the time from January 2, 2024 to January 29, 2024, submitted to Justice Gorsuch.
12/19/2023Application (23A445) granted by Justice Gorsuch extending the time to file until January 29, 2024.
01/29/2024Petition for a writ of certiorari filed. (Response due March 1, 2024)
02/20/2024Motion to extend the time to file a response from March 1, 2024 to April 1, 2024, submitted to The Clerk.
02/21/2024Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2024.
03/13/2024Motion to extend the time to file a response from April 1, 2024 to May 13, 2024, submitted to The Clerk.
03/14/2024Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
05/13/2024Brief of respondent David L. Miller in opposition filed.
05/28/2024DISTRIBUTED for Conference of 6/13/2024.
05/28/2024Reply of petitioner United States filed. (Distributed)
06/17/2024DISTRIBUTED for Conference of 6/20/2024.
06/24/2024Petition GRANTED.
07/10/2024Motion for an extension of time to file respondent's brief on the merits filed.
07/18/2024Motion to extend the time to file respondent's brief on the merits granted, and the time is extended to and including September 19, 2024.
08/08/2024Brief of petitioner United States filed.
08/08/2024Joint appendix filed. (Statement of cost filed)
08/15/2024Brief amici curiae of 23 States and District of Columbia filed.
09/19/2024Brief of respondent David L. Miller filed.
09/20/2024Brief amici curiae of Hon. Eugene Wedoff (Ret.), et al. filed.
09/26/2024Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
09/26/2024Brief amicus curiae of National Creditors Bar Association filed.
09/26/2024Brief amicus curiae of National Association of Bankruptcy Trustees filed.
10/18/2024SET FOR ARGUMENT on Monday, December 2, 2024.
10/21/2024Record requested from the United States Court of Appeals for the Tenth Circuit.
10/21/2024Reply of petitioner United States filed. (Distributed)
10/22/2024CIRCULATED
10/31/2024Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
12/02/2024Argued. For petitioner: Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Lisa S. Blatt, Washington, D. C.
03/26/2025Judgment REVERSED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a dissenting opinion.