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Jesse Loor v. Jenny Bailey, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-11733 · judgment September 14, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.

Question presented

In Thornburgh v. Abbott, 490 U.S. 401 (1989), this Court upheld a correctional institution’s mail regulations as “facially valid” under the First Amendment. Id. at 419. But the Court also differentiated that facial challenge from an as-applied challenge, ordering the lower court, on remand, to determine “the validity of the regulations as applied” to the particular publications censored by mailroom staff. Id. The question presented is: Whether the facial validity of a mail regulation automatically defeats an as-applied challenge to a jail’s censorship of particular publications?

Counsel of record

For petitioner
David Michael Shapiro
Roderick & Solange MacArthur Justice Center

For respondent
Leigh Carolyn Kobrinski
Miami - Dade County Attorney's Office

Case

Conference history
Distributed for 1 conference

Linked docket
17A668, 17A1129

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 08 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 25 2018
    Waiver of right of respondents Jenny Bailey, et al. to respond filed.
  4. Jul 06 2018
    Petition for a writ of certiorari filed. (Response due August 8, 2018)
  5. Apr 19 2018
    Application (17A1129) granted by Justice Thomas extending the time to file until July 7, 2018.
  6. Apr 17 2018
    Application (17A1129) to extend the time to file a petition for a writ of certiorari from May 8, 2018 to July 7, 2018, submitted to Justice Thomas.
  7. Jan 03 2018
    Application (17A668) granted by Justice Thomas extending the time to file until February 11, 2018.
  8. Dec 12 2017
    Application (17A668) to extend the time to file a petition for a writ of certiorari from December 13, 2017 to February 11, 2018, submitted to Justice Thomas.