No. 25-7450October Term 2025Petition Pending
Brandon L. Fake, et al., Petitioners v. Pennsylvania, et al.
This pending case asks the Supreme Court to review claims that a federal judge should have been disqualified because of an alleged conflict of interest and that judicial immunity should not protect a judge accused of acting unlawfully under color of law.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Decision timing
- No decision timeline until the Court agrees to hear the case.
- What it's about
This pending case asks the Supreme Court to review claims that a federal judge should have been disqualified because of an alleged conflict of interest and that judicial immunity should not protect a judge accused of acting unlawfully under color of law.
Question presented
1. Does a Federal Judge have authority to preside over a case when a clear and willful violation of 28 U.S. Code § 455 has been committed under a conflict of interest with Defendants? 2. Does absolute immunity apply when a judge has acted criminally under color of law and without jurisdiction, as well as actions taken in an administrative capacity to influence cases? 3. Does Eleventh Amendment immunity apply when officers of the court have violated 31 U.S. Code § 3729, 28 U.S. Code § 455, engaged in a kidnapping conspiracy and conspiracy against rights of the Plaintiffs? 4. When an officer of the court has committed fraud upon the court, what are the remedies available to the afflicted parties when the appellate courts have ruled in favor of a Federal judge who has colluded with defendants, essentially operating within the Federal Courts as a judicial protection racket in violation of 14 th Amendment Due Process rights? 5. Is Title IV-D, Section 458 of the Social Security Act a law that violates the United States Constitution due to the incentives it creates for the court to willfully violate civil rights of parties in child custody and child support cases? 6. Has the United States Court of Appeals for the Third Circuit erred in basing its decision solely on the rulings of a Federal judge who has clearly and willfully violated 28 U.S. Code § 455 in utter disregard of facts established for the record?
- Case path
United States Court of Appeals for the Third Circuit / Petition pending
- Area
Civil Rights
Briefing
What it's about
Brandon L. Fake and other petitioners ask the Supreme Court to review claims that a federal judge should have stepped aside because of an alleged conflict of interest. They also question whether judicial and state immunity protections apply to the alleged conduct.
Argument
The case has not been scheduled for oral argument. The petitioners argue that alleged conflicts and unlawful conduct should prevent immunity protections and require remedies.
Impact
The case could affect people who seek to challenge a judge's participation in a case based on an alleged conflict. For example, a party in a child-custody or support dispute may want a court to reconsider a case if the party believes the judge was not impartial.
What is at stake in Fake v. Pennsylvania?
The petition asks whether an alleged conflict should disqualify a federal judge and whether immunity can protect the conduct alleged by the petitioners.
Who could be affected by the Fake case?
People challenging a judge's impartiality, including parties in child-custody and child-support disputes, could be affected by the Court's response to the petition.
What happens next in Fake v. Pennsylvania?
The Supreme Court will consider whether to grant certiorari, meaning it chooses to hear the case. Oral argument has not been scheduled.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology