Supreme Court Report

Supreme Court of the United States · Official docket →

Ismet Islami v. Kemper Independence Insurance Company

Paid petition · Supreme Court of Wisconsin, No. 2019AP488 · judgment June 8, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 0% cert probability

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

Question presented

Introductory Statement This is a liberty based “due process” case. Enactment by the Wisconsin legislature of the Wisconsin Marital Property Act in 1986 provided all persons domiciled in the State of Wisconsin, and in particular, those of the Roman Catholic, Orthodox Jewish, and Muslim faiths, with a viable alternative legal proceeding to that of “divorce” to dissolve their legal status as “married” for all property and financial matters via a “decree of legal separation.” The Wisconsin Supreme Court explicitly nullified this legislatively conferred fundamental liberty right by its Decision in the instant case without a constitutionally sufficient rational basis. Question 1. Whether the Wisconsin Supreme Court Decision here petitioned from, in violation of the “due process” clause of the Fourteenth Amendment to the Constitution of the United States, deprives all persons domiciled in Wisconsin, of their fundamental liberty right to exercise their statutory entitlement to “dissolution” of legal status as “married” via a judicial “decree of legal separation” pursuant to the Wisconsin Marital Property Act. Question 2. Whether the Wisconsin Supreme Court Decision here petitioned from, in violation of the First and Fourteenth Amendments to the Constitution of the United States, infringes the “free exercise” of religious rights by denying to all persons domiciled in

Counsel of record

For petitioner
Joseph F. Owens
Law Offices of Joseph F. Owens, LLC

For respondent
James Matthew Fredericks
Borgelt, Powell, Peterson & Frauen, S.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Feb 02 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 28 2022
    Reply of petitioner Ismet Islami filed.
  4. Jan 14 2022
    Brief of respondent Kemper Independence Insurance Company in opposition filed.
  5. Dec 13 2021
    Petition for a writ of certiorari filed. (Response due January 14, 2022)