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Marie Farrell, et al. v. Kathleen Hochul, Governor of New York, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 22-517 · judgment May 9, 2022

Certiorari denied · November 14, 2022
Pre-decision estimate: 3% cert probability

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

Question presented

Where the State Executive utilizes its executive agencies (i.e. the New York State Department of Health) to promulgate a law, namely, the State-wide school mask mandate, that directly conflicts with the Individuals with Disabilities Education Act (IDEA) and the Pendency Provision under 20 U.S.C. §1415(j), have Petitioners shown (1) a likelihood of success on the merits, (2) irreparable harm, and (3) that an injunction is in the public interest?

Counsel of record

For petitioner
Rory J. Bellantoni
Brain Injury Rights Group, Ltd.

For respondent
Barbara Dale Underwood
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 14 2022
    Petition DENIED.
  2. Oct 25 2022
    DISTRIBUTED for Conference of 11/10/2022.
  3. Oct 04 2022
    Waiver of right of respondents Kathleen Hochul; Howard Zucker; Betty Rosa; Lester Young, Jr.; New York State Dep't of Health; New York State Department of Education; New York State Board of Regents to respond filed.
    Main Document
  4. Sep 30 2022
    Waiver of right of respondents Eric Adams, Ashwin Vasan, David C. Banks, New York City Department of Education, and New York City Department of Health to respond filed.
    Main Document
  5. Sep 08 2022
    Petition for a writ of certiorari filed. (Response due October 14, 2022)
    PetitionAppendixCertificate of Word CountProof of Service