Supreme Court of the United States · Official docket →
Mercer County Board of Education, et al. v. Elizabeth Deal, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-2429 · judgment December 17, 2018
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and counsel who has filed here before.
Question presented
In Summers v. Earth Island Institute, 555 U.S. 488 (2009), this Court held that a “vague desire to return . . . without any description of concrete plans” is insufficient to establish the requirement of “imminent injury” necessary to provide standing to seek injunctive relief. Jessica Roe stopped attending Mercer County Schools before initiating litigation against it, and has not stated any intention ever to return to the school district in the future, even if an injunction is entered. Did the Fourth Circuit err by finding Roe has standing to seek to enjoin a school program to which she has no ongoing exposure, and no non-speculative prospect of exposure in the future?
Counsel of record
For petitioner
Gregory Frederick Jacob
O'Melveny & Myers LLP
For respondent
Andrew Lewis Seidel
Freedom From Religion Foundation
Proceedings
- Oct 07 2019Petition DENIED.
- Aug 21 2019DISTRIBUTED for Conference of 10/1/2019.
- Aug 20 2019Reply of petitioners Mercer County Board of Education, et al. filed.
- Aug 09 2019Brief of respondents Elizabeth Deal, et al. in opposition filed.
- Jul 10 2019Brief amici curiae of States of Texas, et al. filed.
- Jul 03 2019Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2019.
- Jun 27 2019Motion to extend the time to file a response from July 10, 2019 to August 9, 2019, submitted to The Clerk.
- Jun 10 2019Response Requested. (Due July 10, 2019)
- Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
- May 29 2019Petition for a writ of certiorari filed. (Response due July 1, 2019)
- May 29 2019Waiver of right of respondents Elizabeth Deal, et al. to respond filed.
- Apr 18 2019Application (18A1064) granted by The Chief Justice extending the time to file until May 29, 2019.
- Apr 16 2019Application (18A1064) to extend the time to file a petition for a writ of certiorari from April 28, 2019 to May 29, 2019, submitted to The Chief Justice.