The court held this in a unanimous decision, although interestingly Justice Thomas joined the majority in all but Footnote 4[1] of the opinion.

[2] Lomax then petitioned for a Writ of Certiorari to the Colorado Supreme Court which was denied on March 8, 2010.

On October 18, 2019, the Supreme Court granted Lomax's petition for certiorari, held oral arguments on February 26, 2020, and announced its decision on June 8, 2020.

The context behind Footnote 4 reads as follows: "This case begins, and pretty much ends, with the text of Section 1915(g).

See Brief for Respondents 31–35 (noting that flexible amendment practices “ensure that potentially meritorious prisoner suits are not hastily dismissed with a strike”); Brief for United States as Amicus Curiae 27–28 (similar); Tr.

The Court seemed to have only taken the case to resolve a circuit split, which was reinforced by the majority opinion saying,"The Courts of Appeals have long divided over whether a dismissal without prejudice for failure to state a claim qualifies as a strike under Section 1915(g).3 In line with our duty to call balls and strikes, we granted certiorari to resolve the split, 589 U. S. ___ (2019), and we now affirm."