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Rachel Maniscalco, et al. v. New York City Department of Education, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-2343 · judgment October 15, 2021


Certiorari denied · April 18, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Second Circuit decision below, and counsel who has filed here before.

Question presented

Respondents through an Executive Order demanded COVID-19 vaccinations for all publicschool employees, including teachers. Those who did not comply have been suspended without pay for a year and are not allowed to work anywhere else. Question presented: Does the Executive Order violate the substantive due process rights of New York City public-school teachers whose sole employer is the DOE by preventing them from practicing their given profession?

Counsel of record

For petitioner
Vinoo P. Varghese
Varghese & Associates, P.C.

For respondent
Richard Paul Dearing
New York City Law Department

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 18 2022
    Petition DENIED.
  2. Mar 23 2022
    DISTRIBUTED for Conference of 4/14/2022.
  3. Mar 09 2022
    Brief of respondents New York City Department of Education, et al. in opposition filed.
  4. Jan 21 2022
    Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2022.
  5. Jan 20 2022
    Motion to extend the time to file a response from February 7, 2022 to March 9, 2022, submitted to The Clerk.
  6. Jan 07 2022
    Response Requested. (Due February 7, 2022)
  7. Dec 29 2021
    DISTRIBUTED for Conference of 1/14/2022.
  8. Dec 27 2021
    Waiver of right of respondent New York City Department of Education, et al. to respond filed.
  9. Dec 06 2021
    Petition for a writ of certiorari filed. (Response due January 10, 2022)