Supreme Court of the United States · Official docket →
Michelle Chapman, Clerk, Circuit Court of Missouri, Randolph County v. Jane Doe, by Next Friend Anthony E. Rothert
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 21-1692 · judgment April 7, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In December 2018, Respondent Jane Doe, an unemancipated minor, sought a judicial bypass procedure to have an abortion from a Missouri circuit The clerk’s office, reporting to Petitioner Michelle Chapman, was initially unfamiliar with the process and asked Doe to return. After consulting with the judge, Clerk Chapman required that any petition for a bypass required that notice of the hearing be sent to Doe’s parents. The questions presented are:
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Whether Clerk Chapman was properly denied quasi-judicial immunity because the judge could not recall anything about the case, including whether he directed her to notify the parents when an unemancipated minor filed an application for a judicial bypass to have an abortion?
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This Court has repeatedly “declined to decide whether a parental notification statute must include some sort of bypass provision to be constitutional.” Lambert v. Wicklund, 520 U.S. 292, 295 (1997) (per curiam). In light of this Court’s announcements, was it clearly established in 2018 that providing prehearing notification to an unemancipated minor’s parent of a judicial bypass procedure violates the minor’s clearly established rights?
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Whether in light of this Court’s intervening decision in Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228, 2284 (2022), the Court should remand to determine whether Doe can show she has a right to a judicial bypass procedure without notice to her parents?
Counsel of record
For petitioner
Jeff Philip Johnson
Office of the Missouri Attorney General
For respondent
Anthony Edward Rothert
American Civil Liberties Union of Missouri
Proceedings
- Apr 21 2023Judgment issued.
- Mar 20 2023Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Jackson, dissenting. (Detached Opinion)
- Mar 13 2023DISTRIBUTED for Conference of 3/17/2023.
- Feb 16 2023Response to petitioner's suggestion of mootness from respondent Jane Doe, by Next Friend Anthony E. Rothert filed. (Distributed)
- Feb 15 2023DISTRIBUTED for Conference of 3/3/2023.
- Feb 08 2023Motion of Jane Doe, by Next Friend Anthony E. Rothert for an extension of time not accepted for filing. (February 09, 2023)
- Feb 07 2023Suggestions of Mootness and Unopposed Motion to Vacate the Judgment of the Court of Appeals filed by petitioner Michelle Chapman.
- Jan 13 2023Motion to extend the time to file a response is granted and the time is further extended to and including February 10, 2023.
- Jan 12 2023Motion to extend the time to file a response from January 12, 2023 to February 10, 2023, submitted to The Clerk.
- Jan 11 2023Suggestion of Mootness filed by respondent Jane Doe, by Next Friend Anthony E. Rothert.
- Jan 05 2023Motion to extend the time to file a response is granted and the time is further extended to and including January 12, 2023.
- Jan 04 2023Motion to extend the time to file a response from January 4, 2023 to January 12, 2023, submitted to The Clerk.
- Dec 06 2022Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2023.
- Dec 05 2022Motion to extend the time to file a response from December 5, 2022 to January 4, 2023, submitted to The Clerk.
- Nov 04 2022Response Requested. (Due December 5, 2022)
- Nov 02 2022DISTRIBUTED for Conference of 11/18/2022.
- Nov 01 2022Waiver of right of respondent Jane Doe, by Next Friend Anthony E. Rothert to respond filed.
- Sep 30 2022Petition for a writ of certiorari filed. (Response due November 3, 2022)
- Aug 18 2022Application (22A146) granted by Justice Kavanaugh extending the time to file until September 30, 2022.
- Aug 15 2022Application (22A146) to extend the time to file a petition for a writ of certiorari from August 31, 2022 to September 30, 2022, submitted to Justice Kavanaugh.