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Cert. Granted

Younge v. Fulton Judicial Circuit District Attorney’s Office, Georgia

Docket No.25-352
Op. Below11th Cir.
ArgumentNov 2, 2026

Issue

Whether, where a defendant has filed an answer without pleading an affirmative defense, the defendant may nonetheless assert that affirmative defense as the basis for a summary judgment motion, without amending or seeking to amend its answer to plead that affirmative defense, and whether a defendant may do so even if an amendment adding that affirmative defense would be barred by Rule 16(b)(4).

Proceedings & orders timeline

Aug 4, 2025
Application (25A155) to extend the time to file a petition for a writ of certiorari from August 21, 2025 to September 22, 2025, submitted to Justice Thomas.
Aug 6, 2025
Application (25A155) granted by Justice Thomas extending the time to file until September 22, 2025.
Sep 22, 2025
Petition for a writ of certiorari filed. (Response due October 24, 2025)
Nov 5, 2025
DISTRIBUTED for Conference of 11/21/2025.
Nov 10, 2025
Response Requested. (Due December 10, 2025)
Nov 26, 2025
Motion to extend the time to file a response from December 10, 2025 to January 26, 2026, submitted to The Clerk.
Dec 1, 2025
Motion to extend the time to file a response is granted in part and the time is extended to and including January 21, 2026.
Jan 30, 2026
Motion to extend the time to file a response from January 21, 2026 to February 6, 2026, submitted to The Clerk.
Feb 2, 2026
Motion to extend the time to file a response is granted and the time is further extended to and including February 6, 2026.
Feb 6, 2026
Motion to extend the time to file a response from February 6, 2026 to February 13, 2026, submitted to The Clerk.
Feb 9, 2026
Motion to extend the time to file a response is granted and the time is further extended to and including February 13, 2026.
Feb 13, 2026
Brief of respondent Fulton Judicial Circuit District Attorney's Office, Georgia in opposition filed.
Feb 27, 2026
Reply of petitioner Jasmine Younge filed.
Mar 4, 2026
DISTRIBUTED for Conference of 3/20/2026.
Mar 23, 2026
DISTRIBUTED for Conference of 3/27/2026.
Mar 30, 2026
Petition GRANTED.
Apr 29, 2026
Motion for an extension of time to file the briefs on the merits filed.
May 7, 2026
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 June 8, 2026. The time to file respondent's brief on the merits is extended to and including August 3, 2026.
May 20, 2026
Motion to dispense with printing the joint appendix filed by petitioner Jasmine Younge.
Jun 8, 2026
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 8, 2026
Brief of petitioner Jasmine Younge filed.
Jun 15, 2026
Brief amicus curiae of Washington Legal Foundation in support of neither party filed.
Aug 3, 2026
Brief of Fulton Judicial Circuit District Attorney's Office, Georgia not accepted for filing. (To be corrected - August 6, 2026)
Aug 3, 2026
Brief of respondent Fulton Judicial Circuit District Attorney's Office, Georgia filed. (Corrected - 8/10/26).
Aug 10, 2026
Brief amici curiae of West Virginia, et al. filed.
Aug 10, 2026
Brief amicus curiae of Michael J. Showalter filed.
Aug 10, 2026
Brief amicus curiae of Professor Derek Muller filed.
Aug 11, 2026
SET FOR ARGUMENT on Monday, November 2, 2026.
Aug 19, 2026
Record requested from the United States Court of Appeals for the Eleventh Circuit.
Aug 26, 2026
Record received from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk (one envelope).
Aug 27, 2026
CIRCULATED
Sep 1, 2026
Reply of petitioner Jasmine Younge filed. (Distributed)
Sep 11, 2026
Record received electronically from the United States District Court for the Northern District of Georgia and available with the Clerk.

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