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Pung v. Isabella County, Michigan

Docket No.25-95
Op. Below6th Cir.
ArgumentFeb 25, 2026

Issue

(1) Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the takings clause of the Fifth Amendment when the compensation is based on the artificially depressed auction sale price rather than the property’s fair market value; and (2) whether the forfeiture of real property worth far more than needed to satisfy a tax debt but sold for a fraction of its real value constitutes an excessive fine under the Eighth Amendment, particularly when the debt was never actually owed.

Proceedings & orders timeline

May 13, 2025
Application (24A1102) to extend the time to file a petition for a writ of certiorari from May 27, 2025 to July 25, 2025, submitted to Justice Kavanaugh.
May 16, 2025
Application (24A1102) granted by Justice Kavanaugh extending the time to file until July 25, 2025.
Jul 22, 2025
Petition for a writ of certiorari filed. (Response due August 25, 2025)
Aug 13, 2025
Brief of respondent Isabella County, Michigan in opposition filed.
Aug 27, 2025
DISTRIBUTED for Conference of 9/29/2025.
Sep 12, 2025
Reply of petitioner Michael Pung filed. (Distributed)
Oct 3, 2025
Petition GRANTED.
Oct 22, 2025
Motion for an extension of time to file the joint appendix and petitioner's brief on the merits submitted.
Oct 23, 2025
Motion for an extension of time to file the briefs on the merits filed.
Nov 5, 2025
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 1, 2025. The time to file respondent's brief on the merits is extended to and including January 12, 2026.
Nov 21, 2025
Brief amicus curiae of Joseph Donald Bourgeois filed.
Dec 1, 2025
Brief of petitioner Michael Pung filed.
Dec 1, 2025
Joint appendix filed.
Dec 5, 2025
Brief amicus curiae of Professor Beth A. Colgan filed.
Dec 8, 2025
Brief amicus curiae of AARP, et al. filed.
Dec 8, 2025
Brief amicus curiae of Chamber of Commerce of the United States filed.
Dec 8, 2025
Brief amicus curiae of The Mackinac Center Legal Foundation filed.
Dec 8, 2025
Brief amici curiae of The Buckeye Institute, et al. filed.
Dec 8, 2025
Brief amici curiae of Maryland Legal Aid, et al. filed.
Dec 8, 2025
Brief amicus curiae of Institute for Justice filed.
Dec 8, 2025
Brief amicus curiae of National Taxpayers Union Foundation filed.
Dec 8, 2025
Brief amicus curiae of Constitutional Accountability Center filed.
Dec 8, 2025
Brief amici curiae of New Disabled South, et al. filed.
Dec 8, 2025
Brief amicus curiae of United States in support of neither party filed.
Dec 8, 2025
Brief amici curiae of National Association of Realtors®, et al. filed.
Dec 8, 2025
Brief amicus curiae of Legal Services of New Jersey filed.
Dec 8, 2025
Amici brief of Citizen Action Defense Fund, et al. not accepted for filing. (To be corrected - December 11, 2025)
Dec 8, 2025
Brief amici curiae of Citizen Action Defense Fund, et al. filed. (Corrected)
Dec 8, 2025
Brief amicus curiae of National Consumer Law Center filed.
Dec 8, 2025
Brief amicus curiae of Pioneer New England Legal Foundation filed.
Dec 8, 2025
Brief amici curiae of Cato Institute, et al. filed.
Dec 8, 2025
Brief amici curiae of Cyrus Sanai, et al. filed.
Jan 2, 2026
SET FOR ARGUMENT on Wednesday, February 25, 2026.
Jan 6, 2026
Record requested from the United States Court of Appeals for the Sixth Circuit.
Jan 9, 2026
Record received from the United States Court of Appeals for the Sixth Circuit. The record is electronic and is available on PACER.
Jan 12, 2026
Brief of respondent Isabella County, Michigan filed.
Jan 14, 2026
Amicus brief of Oakland County not accepted for filing. (To be corrected - January 15, 2026)
Jan 14, 2026
Brief amicus curiae of Oakland County, Michigan filed. (Corrected)
Jan 15, 2026
Brief amici curiae of Michigan Association of Counties, et al. filed.
Jan 15, 2026
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 16, 2026
Amicus brief of New York Association of Towns not accepted for filing. (To be corrected - January 21, 2026)
Jan 16, 2026
Brief amici curiae of New York Association of Towns, et al. filed. (Corrected) (Distributed)
Jan 20, 2026
Brief amici curiae of Michigan, et al. filed. (Distributed)
Jan 20, 2026
Brief amicus curiae of Wisconsin Counties Association filed. (Distributed)
Jan 20, 2026
Brief amicus curiae of National Tax Lien Association filed. (Distributed)
Jan 20, 2026
Brief amici curiae of Hennepin County, Minnesota, et al. filed. (Distributed)
Jan 20, 2026
Brief amici curiae of Local Government Legal Center, et al. filed. (Distributed)
Jan 21, 2026
CIRCULATED
Jan 26, 2026
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 10, 2026
Reply of petitioner Michael Pung filed. (Distributed)
Feb 25, 2026
Argued. For petitioner: Philip L. Ellison, Hemlock, Mich. For United States, as amicus curiae: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Matthew T. Nelson, Grand Rapids, Mich.

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