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Green Haven Preparative Meeting, et al. v. New York State Department of Corrections and Community Supervision, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-18 · judgment October 18, 2021


Certiorari denied · May 2, 2022
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. Does the standing of a religious organization to protect the fundamental practices of its faith from being abridged by the state cease at the prison walls?

  2. What is the proper standard for adjudicating the First Amendment “free exercise” of religion rights of religious organizations, ministers and other nonincarcerated religionists in the prison setting where the religion has practiced an active prison ministry since before the founding of the nation and has conducted religious services in the affected prison for over 40 years without incident?

  3. Does the requirement that state action cause a “substantial burden” to the claimant’s religious practice empower a court to determine that the connection between the action and the burden is too attenuated to constitute a “constitutional substantial burden”?

  4. As a matter of statutory construction, does a long-established prison church, which is subject to the jurisdiction and oversight of supervisory organizations in the faith (1) constitute “a person residing in or confined to an institution” as that phrase is used in Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc-1(a), and (2) constitute a “prisoner” for purposes of the Prison Litigation Reform Act, 42 USC § 1997e?

Counsel of record

For petitioner
Frederick R. Dettmer
Law Office of Frederick R. Dettmer

For respondent
Barbara Dale Underwood
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. May 02 2022
    Petition DENIED.
  2. Apr 13 2022
    DISTRIBUTED for Conference of 4/29/2022.
  3. Apr 06 2022
    Reply of petitioners Green Haven Preparative Meeting, et al. filed.
  4. Mar 24 2022
    Brief of respondents New York State Department of Corrections and Community Supervision, et al. in opposition filed.
  5. Feb 22 2022
    Brief amici curiae of National Council of Churches of Christ in the USA, et al., filed.
  6. Feb 09 2022
    Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2022.
  7. Feb 08 2022
    Motion to extend the time to file a response from February 22, 2022 to March 24, 2022, submitted to The Clerk.
  8. Jan 18 2022
    Petition for a writ of certiorari filed. (Response due February 22, 2022)