Decided
Pung v. Isabella County, Michigan
Holding
The proper baseline for measuring “just compensation” following a fairly conducted tax sale is the auction sale price, not the property’s hypothetical fair market value; Isabella County did not violate the Eighth Amendment’s excessive fines clause by failing to compensate the taxpayer for his property’s fair market value.
Judgment
Vacated and remanded, 9-0, in an opinion by Samuel Alito on Jun 23, 2026. Justice Thomas joined the majority opinion except as to Part II-B and wrote an opinion concurring in part and concurring in the judgment, which Justice Gorsuch joined except as to n. 1. Justice Sotomayor wrote a concurring opinion, joined by Gorsuch and Justice Jackson.
Vote
9
0
AlitoRobertsThomasSotomayorKaganGorsuchKavanaughBarrettJackson
Related Coverage
May 13, 2025Application (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, 2025Application (24A1102) granted by Justice Kavanaugh extending the time to file until July 25, 2025.
Jul 22, 2025Petition for a writ of certiorari filed. (Response due August 25, 2025)Aug 13, 2025Brief of respondent Isabella County, Michigan in opposition filed.Aug 27, 2025DISTRIBUTED for Conference of 9/29/2025.
Sep 12, 2025Reply of petitioner Michael Pung filed. (Distributed)Oct 3, 2025Petition GRANTED.
Oct 22, 2025Motion for an extension of time to file the joint appendix and petitioner's brief on the merits submitted.Oct 23, 2025Motion for an extension of time to file the briefs on the merits filed.Nov 5, 2025Motion 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, 2025Brief amicus curiae of Joseph Donald Bourgeois filed.Dec 1, 2025Brief of petitioner Michael Pung filed.Dec 1, 2025Joint appendix filed.Dec 5, 2025Brief amicus curiae of Professor Beth A. Colgan filed.Dec 8, 2025Brief amicus curiae of AARP, et al. filed.Dec 8, 2025Brief amicus curiae of Chamber of Commerce of the United States filed.Dec 8, 2025Brief amicus curiae of The Mackinac Center Legal Foundation filed.Dec 8, 2025Brief amici curiae of The Buckeye Institute, et al. filed.Dec 8, 2025Brief amici curiae of Maryland Legal Aid, et al. filed.Dec 8, 2025Brief amicus curiae of Institute for Justice filed.Dec 8, 2025Brief amicus curiae of National Taxpayers Union Foundation filed.Dec 8, 2025Brief amicus curiae of Constitutional Accountability Center filed.Dec 8, 2025Brief amici curiae of New Disabled South, et al. filed.Dec 8, 2025Brief amicus curiae of United States in support of neither party filed.Dec 8, 2025Brief amici curiae of National Association of Realtors®, et al. filed.Dec 8, 2025Brief amicus curiae of Legal Services of New Jersey filed.Dec 8, 2025Amici brief of Citizen Action Defense Fund, et al. not accepted for filing. (To be corrected - December 11, 2025)
Dec 8, 2025Brief amici curiae of Citizen Action Defense Fund, et al. filed. (Corrected)Dec 8, 2025Brief amicus curiae of National Consumer Law Center filed.Dec 8, 2025Brief amicus curiae of Pioneer New England Legal Foundation filed.Dec 8, 2025Brief amici curiae of Cato Institute, et al. filed.Dec 8, 2025Brief amici curiae of Cyrus Sanai, et al. filed.Jan 2, 2026SET FOR ARGUMENT on Wednesday, February 25, 2026.
Jan 6, 2026Record requested from the United States Court of Appeals for the Sixth Circuit.
Jan 9, 2026Record received from the United States Court of Appeals for the Sixth Circuit. The record is electronic and is available on PACER.
Jan 12, 2026Brief of respondent Isabella County, Michigan filed.Jan 14, 2026Amicus brief of Oakland County not accepted for filing. (To be corrected - January 15, 2026)
Jan 14, 2026Brief amicus curiae of Oakland County, Michigan filed. (Corrected)Jan 15, 2026Brief amici curiae of Michigan Association of Counties, et al. filed.Jan 15, 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Jan 16, 2026Amicus brief of New York Association of Towns not accepted for filing. (To be corrected - January 21, 2026)
Jan 16, 2026Brief amici curiae of New York Association of Towns, et al. filed. (Corrected) (Distributed)Jan 20, 2026Brief amici curiae of Michigan, et al. filed. (Distributed)Jan 20, 2026Brief amicus curiae of Wisconsin Counties Association filed. (Distributed)Jan 20, 2026Brief amicus curiae of National Tax Lien Association filed. (Distributed)Jan 20, 2026Brief amici curiae of Hennepin County, Minnesota, et al. filed. (Distributed)Jan 20, 2026Brief amici curiae of Local Government Legal Center, et al. filed. (Distributed)Jan 21, 2026CIRCULATED
Jan 26, 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 10, 2026Reply of petitioner Michael Pung filed. (Distributed)Feb 25, 2026Argued. 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.
Jun 23, 2026Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined, and in which Thomas, J., joined except as to Part II–B. Sotomayor, J., filed a concurring opinion, in which Gorsuch and Jackson, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined except as to n. 1.
Jul 27, 2026Judgment Issued.Recommended Citation: Pung v. Isabella County, Michigan, SCOTUSblog, https://www.scotusblog.com/cases/pung-v-isabella-county-michigan/