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Kimberly McLaughlin v. Suzan McLaughlin

Paid petition · Supreme Court of Arizona, No. CV-16-0266-PR · judgment September 19, 2017


Certiorari denied · February 26, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In Tuan Anh Nguyen v. I.N.S., 121 S. Ct. 2053 (2001), this Court has held that a statute that differentiates based on gender will be upheld if it bears a “fair and substantial relationship to legitimate state ends.” Despite finding that A.R.S. § 25-814, as written, applies exclusively to men, the Arizona Supreme Court found the statute violated the Fourteenth Amendment because it treats similarly situated people different. Did the Arizona Supreme Court err when it held that a biology-based paternity statute violates the Fourteenth Amendment and this Court’s decisions in Obergefell and Pavan?

Counsel of record

For petitioner
Keith Allen Berkshire
Berkshire Law Office, PLLC

For respondent
Douglas Harry Hallward-Driemeier
Ropes & Gray, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 26 2018
    Petition DENIED.
  2. Feb 07 2018
    DISTRIBUTED for Conference of 2/23/2018.
  3. Feb 01 2018
    Reply of petitioner Kimberly McLaughlin filed.
  4. Jan 18 2018
    Brief of respondent Suzan McLaughlin in opposition filed.
  5. Dec 18 2017
    Petition for a writ of certiorari filed. (Response due January 18, 2018)