Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Lopez v. United States

Petition for certiorari denied on October 1, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1367 5th Cir. N/A N/A N/A N/A OT 2012

Disclosure: Goldstein & Russell, P.C. represents the petitioners in this case.

Issue: Whether, under the Federal Tort Claims Act, a government employee’s outright failure to perform a mandatory act is shielded by the discretionary function exception on the theory that performance of the act permits some exercise of judgment?

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