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Kamal Anwiya Youkhanna, et al. v. City of Sterling Heights, Michigan, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-1874 · judgment August 14, 2019

Certiorari denied · February 24, 2020
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below, and down for a state or local-government respondent.

Questions presented

  1. Does a city council rule prohibiting private citizens from making disparaging comments about religion when speaking during the public comment period of a council meeting convened for the purpose of deciding whether to permit the construction of a mosque via a consent decree violate the First Amendment?

  2. Can a city council enter into a consent decree in federal court that fails to comply with local and state zoning laws when the consent decree was not necessary to rectify the violation of federal law?

Counsel of record

For petitioner
Robert Joseph Muise
American Freedom Law Center

For respondent
Marc D. Kaszubksi
O'Reilly Rancilio PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 15 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Dec 23 2019
    Waiver of right of respondent City of Sterling Heights, Michigan, et al. to respond filed.
  4. Dec 09 2019
    Petition for a writ of certiorari filed. (Response due January 13, 2020)