Argued

No. 24-345

FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

Argued. For petitioners and BlackRock respondents in support of petitioners: Shay Dvoretzky, Washington, D. C.; and Max E. Schulman, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For Saba respondents: Paul D. Clement, Alexandria, Va.

Reply Brief of petitioners, and the BlackRock respondents supporting petitioners, filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Record received from the United States District Court for the Southern District of New York. The record is electronic and is available on PACER.

Electronic record received from the United States Court of Appeals for the Second Circuit and available with the Clerk.

CIRCULATED

Record requested from the United States Court of Appeals for the Second Circuit.

SET FOR ARGUMENT on Wednesday, December 10, 2025.

Brief amicus curiae of Marlton Partners, L.P. filed.

Amicus brief of Securities-Law Scholars and Former Senior SEC Officials not accepted for filing. (October 16, 2025)

Brief amici curiae of Securities-Law Scholars, et al. filed.

Brief amicus curiae of ATG Capital Management, LLC filed.

Brief of respondents Saba Capital Master Fund, Ltd., et al. filed.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Motion to dispense with printing the joint appendix filed by petitioners GRANTED.

Brief amici curiae of Investment Company Institute, et al. filed.

Brief amicus curiae of Mutual Fund Directors Forum filed.

Brief amicus curiae of United States filed.

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Brief amicus curiae of Freedom and Justice Foundation in support of neither party filed (Corrected - September 10, 2025).

Amicus brief of Freedom and Justice Foundation in support of neither party not accepted for filing. (To be corrected - September 05, 2025)

Brief amicus curiae of Separation of Powers Clinic filed.

Brief of petitioners, and the BlackRock respondents supporting petitioners, filed.

Motion to dispense with printing the joint appendix filed by petitioner FS Credit Opportunities Corp.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 27, 2025. The time to file respondents' brief on the merits is extended to and including October 9, 2025.

Motion for an extension of time to file the briefs on the merits filed.

Petition GRANTED.

Supplemental brief of petitioners FS Credit Opportunities Corp., et al. filed. (Distributed)

DISTRIBUTED for Conference of 6/26/2025.

Supplemental brief of respondents Saba Capital Master Fund, Ltd., et al. filed. (Distributed)

Brief amicus curiae of United States filed.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

DISTRIBUTED for Conference of 1/10/2025.

Reply of petitioners FS Credit Opportunities Corp., et al. filed. (Distributed)

Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.

Brief of respondents Saba Capital Master Fund, Ltd., et al. in opposition filed.

Motion to extend the time to file a response is granted in part and the time is extended to and including December 17, 2024.

Motion to extend the time to file a response from December 9, 2024 to January 8, 2025, submitted to The Clerk.

Response Requested. (Due December 9, 2024)

DISTRIBUTED for Conference of 11/22/2024.

Brief amici curiae of Investment Company Institute, et al. filed.

Brief amicus curiae of The Chamber of Commerce of the United States of America filed.

Letter from counsel for BlackRock ESG Capital Allocation Term Trust and BlackRock Municipal Income Fund submitted pursuant to Rule 12.6 filed.

Petition for a writ of certiorari filed. (Response due October 28, 2024)

Parties

FS Credit Opportunities Corp., Petitioner, represented by Shay Dvoretzky

BlackRock ESG Capital Allocation Term Trust and BlackRock Municipal Income Fund, Respondent, represented by Michael Julian Gottlieb

BlackRock respondents supporting petitioners, Respondent, represented by Tariq Mundiya

Saba Capital Master Fund, Ltd., Respondent, represented by Paul D. Clement

Saba Capital Master Fund, Ltd., Respondent, represented by Mark Paul Musico

Amici Curiae

ATG Capital Management LLC, Amicus Curiae, represented by Sean Logan McGrane

Marlton Partners, L.P., Amicus Curiae, represented by Andrew Walker Robertson

Securities-Law Scholars and Former Senior SEC Officials, Amicus Curiae, represented by James Wesley Crooks

Separation of Powers Clinic, Amicus Curiae, represented by R. Trent McCotter

The Chamber of Commerce of the United States of America, Amicus Curiae, represented by Gregory George Garre

The Freedom and Justice Foundation, Amicus Curiae, represented by David Charles McGrail

The Investment Company Institute and The Asset Management Group of the Securities Industry and Financial Markets Association, Amicus Curiae, represented by Douglas Harry Hallward-Driemeier

The Mutual Fund Directors Forum, Amicus Curiae, represented by Steven Andrew Engel

United States, Amicus Curiae, represented by D. John Sauer

 
Last updated: April 18, 2026