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Supreme Court Case TrackerThe Court, in plain English

Emergency application

Use of stolen legal files

Rachel Cherwitz v. United States

Denied
No. 24A1031Stay applicationFiled by a private partyPresented to Justice SotomayorFrom United States Court of Appeals for the Second Circuit

What did the Court do?

The Court denied the request on April 29, 2025: the lower court's ruling stays in effect while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 8 days after filing

What's being asked

Rachel Cherwitz and Nicole Daedone, defendants in a criminal case, ask the Supreme Court to pause a Second Circuit ruling. They say the FBI and prosecutors used stolen OneTaste documents they considered privileged to build the prosecution's case.

What the Court did

The Court refused emergency help: Justice Sotomayor turned down the request for a temporary pause (denied it). This does not decide who wins the underlying case. The Court did not publish how the justices voted.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 300 rulings on applications decided without a response came 8 to 28 days after filing, and the median was 14 days; this one was ruled on 8 days after filing.

What it means

The emergency decision only addresses whether to pause the Second Circuit ruling; it does not decide the underlying case. The Second Circuit ruling remains in place. The docket lists no related Supreme Court case and no argument date.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A1031. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 3, 2026