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Community Baptist Church, et al. v. Jared Polis, Governor of Colorado, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-1391 · judgment January 24, 2022


Certiorari denied · May 31, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel with five or more prior petitions here, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Whether a statute requires strict scrutiny for facial and as-applied claims where officials invoke it as legal authority to issue mandates which deprive churches of free exercise, notice and hearing. Whether standing exists to enjoin federal officials, named as parties, from “participating with” state actors in conduct enjoined under Fed. R. Civ. P. 65 for violating 42 U.S.C. §1983.

Counsel of record

For petitioner
Rebecca R. Messall
Messall Law Firm, LLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
21A580

Proceedings

  1. May 31 2022
    Petition DENIED.
  2. May 10 2022
    DISTRIBUTED for Conference of 5/26/2022.
  3. May 05 2022
    Waiver of right of Federal Respondents to respond filed.
  4. May 04 2022
    Waiver of right of respondents Governor Jared Polis; Executive Director Jill Hunsaker Ryan and the Colorado Department of Public Health and Environment to respond filed.
  5. Apr 15 2022
    Application (21A580) denied by Justice Gorsuch.
  6. Apr 01 2022
    Petition for a writ of certiorari filed. (Response due May 5, 2022)
  7. Apr 01 2022
    Application (21A580) to recall and stay pending disposition of the petition for writ of certiorari, submitted to Justice Gorsuch.