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City of Newark, New Jersey v. Fraternal Order of Police, Newark Lodge No. 12

Paid petition · Supreme Court of New Jersey, No. A-15 September Term 2019 · judgment August 19, 2020

Certiorari denied · May 3, 2021
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

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 a dissent in the court below (flagged in the petition).

Questions presented

  1. Does a state supreme court violate the Equal Protection Clause by reading state statutes to preclude its largest city from protecting Black citizens from institutionalized, racially-disparate police conduct specifically found unconstitutional by the Department of Justice?

  2. Does a state supreme court violate the Necessary and Proper Clause by interpreting state statutes to preclude municipal police review boards from holding subpoena power or accessing certain internal affairs records, when the existing process has been found unconstitutional by the Department of Justice?

  3. Does a state supreme court violate the Constitutional Separation of Powers doctrine by holding that the state executive’s police oversight regulations preempt the state legislature’s delegation of police oversight authority to municipalities?

Counsel of record

For petitioner
Alan Silber
Pashman Stein Walder Hayden

For respondent
Quintes D. Taglioli
Markowitz & Richman

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. May 03 2021
    Petition DENIED.
  2. Apr 14 2021
    DISTRIBUTED for Conference of 4/30/2021.
  3. Apr 12 2021
    Reply of petitioner City of Newark filed.
  4. Mar 29 2021
    Brief amicus curiae of Jersey City Police Officers Benevolent Association filed.
  5. Mar 25 2021
    Brief of respondent Fraternal Order of Police, Newark Lodge No. 12 in opposition filed.
  6. Feb 25 2021
    Brief amicus curiae of City of Jersey City filed.
  7. Feb 09 2021
    Blanket Consent filed by Respondent, Fraternal Order of Police, Newark Lodge No. 12.
  8. Feb 09 2021
    Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
  9. Feb 03 2021
    Blanket Consent filed by Petitioner, City of Newark
  10. Feb 03 2021
    Motion to extend the time to file a response from February 25, 2021 to March 29, 2021, submitted to The Clerk.
  11. Jan 19 2021
    Petition for a writ of certiorari filed. (Response due February 25, 2021)