United States v. Miller
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 Ketanji Brown Jackson on Mar 26, 2025. Justice Gorsuch filed a dissenting opinion.
Nov 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.
Nov 17, 2023Application (23A445) granted by Justice Gorsuch extending the time to file until January 2, 2024.
Dec 18, 2023Application (23A445) to extend further the time from January 2, 2024 to January 29, 2024, submitted to Justice Gorsuch.Dec 19, 2023Application (23A445) granted by Justice Gorsuch extending the time to file until January 29, 2024.
Jan 29, 2024Petition for a writ of certiorari filed. (Response due March 1, 2024)Feb 20, 2024Motion to extend the time to file a response from March 1, 2024 to April 1, 2024, submitted to The Clerk.Feb 21, 2024Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2024.
Mar 13, 2024Motion to extend the time to file a response from April 1, 2024 to May 13, 2024, submitted to The Clerk.Mar 14, 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
May 13, 2024Brief of respondent David L. Miller in opposition filed.May 28, 2024DISTRIBUTED for Conference of 6/13/2024.
May 28, 2024Reply of petitioner United States filed. (Distributed)Jun 17, 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 24, 2024Petition GRANTED.
Jul 10, 2024Motion for an extension of time to file respondent's brief on the merits filed.Jul 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.
Aug 8, 2024Brief of petitioner United States filed.Aug 8, 2024Joint appendix filed. (Statement of cost filed)Aug 15, 2024Brief amici curiae of 23 States and District of Columbia filed.Sep 19, 2024Brief of respondent David L. Miller filed.Sep 20, 2024Brief amici curiae of Hon. Eugene Wedoff (Ret.), et al. filed.Sep 26, 2024Brief amicus curiae of The Chamber of Commerce of the United States of America filed.Sep 26, 2024Brief amicus curiae of National Creditors Bar Association filed.Sep 26, 2024Brief amicus curiae of National Association of Bankruptcy Trustees filed.Oct 18, 2024SET FOR ARGUMENT on Monday, December 2, 2024.
Oct 21, 2024Record requested from the United States Court of Appeals for the Tenth Circuit.
Oct 21, 2024Reply of petitioner United States filed. (Distributed)Oct 22, 2024CIRCULATED
Oct 31, 2024Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
Dec 2, 2024Argued. 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, 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.
Apr 28, 2025Judgment Issued.Recommended Citation: United States v. Miller, SCOTUSblog, https://www.scotusblog.com/cases/united-states-v-miller/