The cited record supports the material proposition.
Courthouse News reported in May 2025 that the Ninth Circuit denied the former Theranos chief executive's request for en banc rehearing after upholding her conviction in February.
unanimously denied a request by the former Theranos CEO for a full en banc panel rehearing
- About
- Theranos, Inc.
- Claim made by
- Courthouse News Service, press report
- Published
- 8 May 2025
- Evidence score
- 81 How it was scored
- Last reviewed
- 25 October 2026
Why this label
Matt Simons of Courthouse News quotes the order saying no judge requested a vote on rehearing en bancS3. The report says the court upheld the conviction in February 2025S3. Fortune reported in January 2026 that Holmes lost her appeal in February 2025, began her sentence in May 2023 and filed a clemency request with the Justice Department in 2025S4. The Justice Department's list of clemency grants since 2025, updated on 20 October 2026, does not list HolmesS6. We did not read the Ninth Circuit opinion itself, so the exact affirmance day is not stated here. We found no record of a Supreme Court ruling. The conviction stands as of the latest records we read.
Current procedural position
Conviction affirmed by the Ninth Circuit in February 2025, rehearing en banc denied on 8 May 2025S3. Serving a federal sentence. Clemency request filed in 2025S4, with no grant listed by the Justice Department as of 20 October 2026S6.
Record supporting the assessment
no judge of the court has requested a vote
Holmes lost a bid in a federal appeals court to overturn her conviction.
Conflicting or limiting record
No record located that conflicts with this assessment.
Evidence score: 81 of 100
The score grades how well the record establishes this assessment. It is not a score of Theranos, Inc.. Score = source authority + directness + corroboration + procedural accuracy + currency + reproducibility.
| Component | Points | Max | Reason |
|---|---|---|---|
| Source authorityIs the source competent to establish the proposition? | 20 | 30 | Court reporting quoting the order, not the order itself. |
| DirectnessDoes the source state the proposition or only discuss adjacent facts? | 18 | 20 | The report states the denial of rehearing and the earlier affirmance. |
| CorroborationDo independent records support the same material point? | 12 | 15 | Fortune agrees on the appeal outcome, and the DOJ clemency list confirms no grant. |
| Procedural accuracyDoes the record settle the procedural state the claim describes? | 13 | 15 | Appeal and rehearing exhausted at the circuit level. Clemency request pending. |
| CurrencyHas the record been checked against later developments? | 9 | 10 | Checked against the DOJ clemency list updated 20 October 2026. |
| ReproducibilityCan a reader locate the passage and repeat the assessment? | 9 | 10 | Both reports are public. |
| Total | 81 | 100 |
Timeline
Related cases
- United States v. Elizabeth HolmesUS District Court for the Northern District of California, appeal to the US Court of Appeals for the Ninth Circuit. Criminal. Not published.Stage: Conviction affirmed in February 2025 and rehearing en banc denied on 8 May 2025S3. No clemency grant listed as of 20 October 2026S6.
Revision history
- Assessment first published with label Supported.
Have a record that changes this assessment? See corrections and responses.
Sources
- S3Tier C Ninth Circuit denies Elizabeth Holmes' request for rehearingCourthouse News Service. Press report. 8 May 2025.Report by Matt Simons on the rehearing denial and the February 2025 affirmance. It does not give the affirmance day.Link working, checked 25 October 2026
- S4Tier C Trump has granted clemency to several high-profile white-collar fraudsters. Could Elizabeth Holmes be next?Fortune. Press report. 23 January 2026.Report by Jacqueline Munis on the clemency request filed in 2025 and her imprisonment. It does not report a decision.Link working, checked 25 October 2026
- S6Tier A Clemency Grants by President Donald J. Trump (2025-Present)US Department of Justice, Office of the Pardon Attorney. Government press release. Updated 20 October 2026.Official list of pardons and commutations since 2025, latest grant 13 October 2026. It lists no grant to Holmes or her former co-defendant. It does not show pending petitions.Link working, checked 25 October 2026
Other claims about Theranos, Inc.
- Contradicted93Theranos represented to investors that its portable blood analyzer could run a full range of blood tests from finger drops of blood.Regulator statement, 14 March 20182 records citedProduct claims
- Partly supported83The SEC said in March 2018 that Theranos, its CEO and its former president carried out a massive fraud, and that the company was liable for it.Regulator statement, 14 March 20184 records citedFraud
- Supported61The New York Times reported in September 2018 that Theranos was preparing to close and dissolve.Press report, 5 September 20181 record citedCorporate status