No. 23-824
 
Title: United States, Petitioner
v.
David L. Miller
Docketed: January 31, 2024
Linked with: 23A445
Lower Ct: United States Court of Appeals for the Tenth Circuit
   Case Numbers: (21-4135)
   Decision Date: June 27, 2023
   Rehearing Denied: September 1, 2023
Questions Presented
 
Proceedings and Orders
Nov 16 2023 Application (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.
Main Document Proof of Service
Nov 17 2023 Application (23A445) granted by Justice Gorsuch extending the time to file until January 2, 2024.
Dec 18 2023 Application (23A445) to extend further the time from January 2, 2024 to January 29, 2024, submitted to Justice Gorsuch.
Written Request Proof of Service
Dec 19 2023 Application (23A445) granted by Justice Gorsuch extending the time to file until January 29, 2024.
Jan 29 2024 Petition for a writ of certiorari filed. (Response due March 1, 2024)
Petition Proof of Service
Feb 20 2024 Motion to extend the time to file a response from March 1, 2024 to April 1, 2024, submitted to The Clerk.
Main Document
Feb 21 2024 Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2024.
Mar 13 2024 Motion to extend the time to file a response from April 1, 2024 to May 13, 2024, submitted to The Clerk.
Main Document
Mar 14 2024 Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
May 13 2024 Brief of respondent David L. Miller in opposition filed.
Main Document Certificate of Word Count Proof of Service
May 28 2024 DISTRIBUTED for Conference of 6/13/2024.
May 28 2024 Reply of petitioner United States filed. (Distributed)
Main Document Proof of Service
Jun 17 2024 DISTRIBUTED for Conference of 6/20/2024.
Jun 24 2024 Petition GRANTED.
Jul 10 2024 Motion for an extension of time to file respondent's brief on the merits filed.
Main Document
Jul 18 2024 Motion to extend the time to file respondent's brief on the merits granted, and the time is extended to and including September 19, 2024.
Aug 08 2024 Brief of petitioner United States filed.
Main Document Proof of Service
Aug 08 2024 Joint appendix filed. (Statement of cost filed)
Main Document Proof of Service
Aug 15 2024 Brief amici curiae of 23 States and District of Columbia filed.
Main Document Proof of Service Certificate of Word Count
Sep 19 2024 Brief of respondent David L. Miller filed.
Main Document Certificate of Word Count Proof of Service
Sep 20 2024 Brief amici curiae of Hon. Eugene Wedoff (Ret.), et al. filed.
Main Document Proof of Service Certificate of Word Count
Sep 26 2024 Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Main Document Certificate of Word Count Proof of Service
Sep 26 2024 Brief amicus curiae of National Creditors Bar Association filed.
Main Document Certificate of Word Count Proof of Service
Sep 26 2024 Brief amicus curiae of National Association of Bankruptcy Trustees filed.
Main Document Proof of Service Certificate of Word Count
Oct 18 2024 SET FOR ARGUMENT on Monday, December 2, 2024.
Oct 21 2024 Record requested from the United States Court of Appeals for the Tenth Circuit.
Oct 21 2024 Reply of petitioner United States filed. (Distributed)
Main Document Proof of Service
Oct 22 2024 CIRCULATED
Oct 31 2024 Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
Dec 02 2024 Argued. For petitioner: Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Lisa S. Blatt, Washington, D. C.
Mar 26 2025 Judgment 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.
Apr 28 2025 Judgment Issued.
Main Document
Attorneys
Attorneys for Petitioners
Sarah M. Harris
Counsel of Record
Acting Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Attorneys for Respondents
Lisa S. Blatt
Counsel of Record
Williams & Connolly LLP
680 Maine Avenue SW
Washington, DC 20024

LBLATT@WC.COM
Ph: 202-434-5050
Party name: David L. Miller


Other Attorneys
Richard Preston Cook
Counsel of Record
Richard P. Cook, PLLC
7036 Wrightville Ave, Suite 101
Wilmington, NC 28403

richard@capefeardebtrelief.com
Ph: 9103993458
Party name: National Association of Bankruptcy Trustees


Elaine Janet Goldenberg
Counsel of Record
Munger, Tolles & Olson LLP
601 Massachusetts Avenue, NW
Suite 500E
Washington, DC 20001-5369

ELAINE.GOLDENBERG@MTO.COM
Ph: 202-220-1100
Party name: The Chamber of Commerce of the United States of America


Benjamin Noah Gutman
Counsel of Record
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301

BENJAMIN.GUTMAN@DOJ.STATE.OR.US
Ph: 503-378-4402
Party name: State of Oregon


David R. Kuney
Counsel of Record
David Kuney Law
9200 Cambridge Manor Court
Potomac, MD 20854

DAVIDKUNEY@DKUNEY.COM
Ph: (301) 299-4336
Party name: Hon. Eugene Wedoff (Ret.), and Law Professors George Kuney, Bruce A. Markell, Lawrence Ponoroff, Ray Warner, Jack Williams and David Kuney


Brit Jan Suttell
Counsel of Record
Barron & Newburger, P.C.
6100 219th Street SW, Suite 480
Mountlake Terrace, WA 98043

britjsuttell@bn-lawyers.com
Ph: 484-999-4232
Party name: National Creditors Bar Association