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Robert R. Cushing, Individually and in His Capacity as the Minority Leader of the New Hampshire House of Representatives, et al. v. Sherman Packard, Speaker of the House of the New Hampshire House of Representatives

Paid petition · United States Court of Appeals for the First Circuit, No. 21-1177 · judgment March 25, 2022


Certiorari denied · October 11, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a First Circuit decision below and a circuit split argued in the petition.

Question presented

ii comply with Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act? PARTIES TO THE PROCEEDING Petitioners are Robert R. Cushing, David Cote, Katherine D. Rogers, Kendall Snow, Paul Berch, Diane Langley, and Charlotte Dilorenzo, members of the New Hampshire House of Representatives, as well as the New Hampshire Democratic Party. 1 Petitioners were plaintiffs in the district court and appellants on appeal. Respondent is the Hon. Sherman Packard, in his official capacity as Speaker of the House of the New Hampshire House of Representatives. Respondent was defendant in the district court and appellee on appeal. The United States of America was party to the en banc proceedings below as amicus curiae in support of the Petitioners’ position. CORPORATE DISCLOSURE STATEMENT Petitioners and Respondent are individuals. 1 Leader Cushing and Representative Rogers both passed away during the pendency of this action.

Counsel of record

For petitioner
Israel Francisco Piedra
Welts, White & Fontaine. PC

For respondent
Anthony Jordan Galdieri
New Hampshire Department of Justice

Case

Conference history
Distributed for 1 conference

Linked docket
21A845

Proceedings

  1. Oct 11 2022
    Petition DENIED.
  2. Sep 14 2022
    DISTRIBUTED for Conference of 10/7/2022.
  3. Sep 08 2022
    Waiver of right of respondent Sherman Packard to respond filed.
  4. Aug 22 2022
    Petition for a writ of certiorari filed. (Response due September 28, 2022)
  5. Jun 23 2022
    Application (21A845) granted by Justice Breyer extending the time to file until August 22, 2022.
  6. Jun 13 2022
    Application (21A845) to extend the time to file a petition for a writ of certiorari from June 23, 2022 to August 22, 2022, submitted to Justice Breyer.