As I mentioned earlier this week, I thought I'd pass along portions of the friend-of-the-court brief that three other law professors and I (four of the very few academics who have written on the law of pseudonymous litigation) put together in support of a certiorari petition in Doe v. Trustees of Indiana Univ., which deals with when parties can litigate as John or Jane Does. This closing Part explains why the Supreme Court's review is especially important in light of how appellate courts review district court decisions in this area.
[III.] If this Court does not act, inconsistent pseudonymity determinations will continue
The inconsistency among district court decisions is unlikely to be solved by the circuit courts, particularly because the circuits review the trial court's conclusion only for abuse of discretion. See, e.g., MIT, 46 F.4th at 66 (1st Cir); Pilcher, 950 F.3d at 41-42 (2d Cir.); Megless, 654 F.3d at 407 (3d Cir.); Doe v. Sidar, 93 F.4th 241, 247-48 (4th Cir. 2024); Ford v. City of Huntsville, 242 F.3d 235, 241 (5th Cir. 2001); D.E. v. John Doe, 834 F.3d 723, 728 (6th Cir. 2016); Pet. 8a, 10a (7th Cir.); Cajune v. Indep. Sch. Dist. 194, 105 F.4th 1070, 1078 (8th Cir. 2024); Doe v. Kamehameha Sch., 596 F.3d 1036, 1046 (9th Cir. 2010); M.M. v. Zavaras, 139 F.3d 798, 804 (10th Cir. 1998); Frank, 951 F.2d at 323 (11th Cir.); In re Sealed Case, 931 F.3d at 96 (D.C. Cir.).
