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M. N. v. A. A., et al.

Paid petition · Court of Appeals of Kentucky, No. 2021-CA-1007-ME · judgment January 28, 2022


Certiorari denied · December 5, 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

The questions presented for review are:

  1. whether KY. REV. STAT. ANN. § 199.502 violates the Fourteenth Amendment’s Due Process Clause because it fails to articulate a clear and convincing evidentiary standard;

  2. whether KY. REV. STAT. ANN. § 199.502 violates the Fourteenth Amendment’s Due Process Clause because it is vague in both failing to define the term “abandoned” or whether the 90-day abandonment period is consecutive or cumulative;

  3. whether the lower courts’ application of a presumption that KY. REV. STAT. ANN. § 199.502 is constitutional conflicts with this Court’s prior decisions; and

  4. whether this Court’s precedents regarding the sanctity of parental rights are deeply rooted in American history and tradition such that they continue to exist after Dobbs. This Court’s precedent holds that the rights of biological parents to a relationship with their minor children are among associational rights which the Fourteenth Amendment’s Due Process Clause fundamentally protects against unwarranted usurpation or disregard. See e.g., Stanley v. Illinois, 405 U.S. 645 (1972);

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 05 2022
    Petition DENIED.
  2. Nov 09 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Sep 22 2022
    Blanket Consent filed by Petitioner, M.N.
  4. Sep 06 2022
    Petition for a writ of certiorari filed. (Response due October 24, 2022)