No. 25-1372October Term 2025Before Arguments
ASG Solutions Corp., dba American Systems Group, Petitioner v. United States
from the United States Court of Appeals for the Federal Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Federal Circuit.
Question presented
1. Whether the government must prove that a contracting officer exercised independent, contemporaneous discretion prior to T4D, or whether a T4D remains valid when the evidentiary record contains zero evidence that the contracting officer exercised any independent business discretion, so long as an underlying breach occurred. 2. Whether the government may satisfy its burden to prove the contemporaneous exercise of administrative discretion by relying solely on an unauthenticated memorandum that appears fraudulent on its face and is admitted “not for the truth of its contents.”?
- Case path
United States Court of Appeals for the Federal Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Sep 1, 2026
- Method
- Methodology