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A. A. v. M. A.

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-1493-20 · judgment June 30, 2021


Certiorari denied · March 7, 2022
Pre-decision estimate: 1% cert probability

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

Question presented

It is of national importance for this Court to determine if the sincerity of people’s religious objection to vaccination should be tested and, if so, to define the level and manner of sincerity “testing” of a person’s religious beliefs asserted in their religious exemption to vaccination. In the present case, the State Courts’ rulings involved an interpretation or application of the U.S. Constitution, which was either in error, or not sufficiently respected. This trial occurred during the beginning of the Covid-19 pandemic and prior to the development of the Covid-19 vaccine; however, the constitutional question of the sincerity of people’s religious exemptions has dramatically expanded into society’s employment sector, within families (between divorced and married parents), and anticipated to be within the public school system, imminently. Thus, Petitioner poses the following questions to this Court: Whether Petitioner’s fundamental right to freedom of religion, and exemption from vaccination, was violated when the trial Court applied a “sincerity” test to Petitioner’s religious beliefs, and did so, after the close of testimony pursuant to New Jersey Rule of Evidence 512? Whether the trial Court erred in ignoring Petitioner’s medical exemption, which was testified to and authored by her medical vaccine safety expert at trial?

Counsel of record

For petitioner
Phyllis Widman
Widman Law Firm, LLC

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
21A460

Proceedings

  1. Mar 07 2022
    Petition DENIED.
  2. Mar 03 2022
    Application (21A460) denied by Justice Alito.
  3. Feb 25 2022
    Application (21A460) for a stay, submitted to Justice Alito.
  4. Feb 16 2022
    DISTRIBUTED for Conference of 3/4/2022.
  5. Dec 27 2021
    Petition for a writ of certiorari filed. (Response due January 31, 2022)