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Edward Hedican v. Walmart Stores East, L.P., et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-1419 · judgment June 4, 2021


GVR'd · March 21, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In Cameron v. EMW Women’s Surgical Center, this Court will determine whether the Sixth Circuit erred in holding that the Kentucky Attorney General’s motion to intervene after the panel decision solely to continue the appeal was untimely. In so doing, this Court is also likely to provide clarity on the legal standard courts of appeals should apply in such situations. This petition presents identical questions and should be held pending Cameron. Here, the Seventh Circuit denied Petitioner Edward Hedican’s motion to intervene on appeal for the sole purpose of seeking this Court’s review. The court did not question Petitioner’s legal interest in the case, the potential impairment of his interest, the government’s inadequate representation of his interest, or his statutory right to intervene. Instead, the court held that “Edward Hedican had [the] opportunity to intervene before the case was argued to the panel many months ago,” and for that reason alone denied intervention. The question presented is: Did the Seventh Circuit err in holding that Petitioner’s post-judgment motion to intervene for the sole purpose of filing a petition for certiorari in this Court was untimely?

Counsel of record

For petitioner
Eric Christopher Rassbach
The Becket Fund for Religious Liberty

For respondent
Jeremy Michael Bylund
King & Spalding, LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Apr 22 2022
    JUDGMENT ISSUED.
  2. Mar 21 2022
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Cameron v. EMW Women’s Surgical Center, P.S.C., 595 U. S. ___ (2022). .
  3. Mar 16 2022
    Supplemental brief of petitioner Edward Hedican filed. (Distributed)
  4. Mar 15 2022
    Supplemental brief of respondents Walmart Stores East, L.P. and Wal-Mart Stores, Inc. filed. (Distributed)
  5. Mar 14 2022
    DISTRIBUTED for Conference of 3/18/2022.
  6. Feb 28 2022
    DISTRIBUTED for Conference of 3/4/2022.
  7. Feb 23 2022
    Rescheduled.
  8. Feb 09 2022
    DISTRIBUTED for Conference of 2/25/2022.
  9. Feb 08 2022
    Reply of petitioner Edward Hedican filed. (Distributed)
  10. Jan 24 2022
    Brief of respondent Equal Employment Opportunity Commission in opposition filed.
  11. Jan 24 2022
    Brief of respondents Walmart Stores East, L.P. and Wal-Mart Stores, Inc. in opposition filed.
  12. Dec 23 2021
    Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
  13. Dec 13 2021
    Motion to extend the time to file a response is granted and the time is extended to and including January 24, 2022, for all respondents.
  14. Dec 10 2021
    Motion to extend the time to file a response is granted and the time is extended to and including January 24, 2022.
  15. Dec 10 2021
    Motion to extend the time to file a response from December 23, 2021 to January 24, 2022, submitted to The Clerk.
  16. Dec 09 2021
    Motion to extend the time to file a response from December 23, 2021 to January 24, 2022, submitted to The Clerk.
  17. Nov 23 2021
    Response Requested. (Due December 23, 2021)
  18. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  19. Nov 08 2021
    Waiver of right of respondent Equal Employment Opportunity Commission to respond filed.
  20. Nov 04 2021
    Waiver of right of respondents Walmart Stores East, L.P. and Wal-Mart Stores, Inc. to respond filed.
  21. Oct 29 2021
    Petition for a writ of certiorari filed. (Response due December 3, 2021)