Supreme Court of the United States · Official docket →
Marvin Gerber v. Henry Herskovitz, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-1870 · judgment September 15, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Jewish worshippers entering their synagogue for worship on Saturday mornings for Sabbath services are harassed and intimidated by a group that assembles only and precisely at the times of prayer and displays anti-Jewish and anti-Israel placards on the sidewalk in front of the synagogue and across the street. The Questions Presented are:
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Whether the First Amendment’s guarantee of the free exercise of religion requires restriction adjacent to a house of worship of harassing and intimidating speech that discourages and impedes prayer.
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Whether the Court of Appeals’ disregard of this Court’s instruction that “a federal appellate court does not consider an issue not passed upon below” (Singleton v. Wulff, 428 U.S. 106, 120 (1976)) warrants summary reversal of the Court of Appeals’ decision and remand for consideration by an impartial and unbiased District Court Judge.
Counsel of record
For petitioner
Nathan Lewin
For respondent
John Anthony Shea
John A. Shea, Attorney at Law
Proceedings
- May 16 2022Petition DENIED.
- May 09 2022Letter Motion of Marvin Gerber not accepted for filing. (May 18, 2022 - Letter motion not permitted by Rule. See Rule 15)
- Apr 26 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 06 2022Waiver of right of respondent City of Ann Arbor, et al. to respond filed.
- Apr 05 2022Brief amici curiae of Agudath Israel of America, et al. filed.
- Mar 25 2022Waiver of right of respondents Henry Herskovitz, Gloria Harb, Tom Saffold, Rudy List, Jewish Witnesses for Peace to respond filed.
- Mar 21 2022Blanket Consent filed by Petitioner, Marvin Gerber
- Mar 11 2022Petition for a writ of certiorari filed. (Response due April 18, 2022)
- Jan 18 2022Application (21A329) granted by Justice Kavanaugh extending the time to file until April 1, 2022.
- Jan 12 2022Application (21A329) to extend the time to file a petition for a writ of certiorari from January 31, 2022 to April 1, 2022, submitted to Justice Kavanaugh.