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Clinton County Children and Youth Services v. A. A. R., Natural Mother, et al.

Paid petition · Supreme Court of Pennsylvania, Middle District, No. 10 MAP 2018 · judgment December 28, 2018


Certiorari denied · May 20, 2019
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. Whether a state violates the constitutional guarantees of the Fourteenth Amendment of the United States Constitution when it denies the protections afforded under the law to a population of children who suffer bodily injury, based solely on the fact that the injury suffered by the children was inflicted prenatally?

  2. Whether the Pennsylvania Supreme Court’s decision interpreting the state’s child protective services law in reliance upon amended 23 Pa.C.S. § 6386, violates the Supremacy Clause of Article 6 of the United States Constitution as said state statute conflicts with 42 U.S.C.A. § 5106a?

Counsel of record

For petitioner
Amanda Beth Browning-Richardson
Clinton County Children and Youth Social Services

For respondent
David S. Cohen
Drexel University Thoms R. Kline, School of Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 20 2019
    Petition DENIED.
  2. Apr 30 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. Mar 29 2019
    Waiver of right of respondent A. A. R. to respond filed.
  4. Mar 08 2019
    Petition for a writ of certiorari filed. (Response due April 19, 2019)