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Jane Goe, Sr., on Behalf of Herself and Her Minor Child, et al. v. James V. McDonald, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-0537 · judgment July 29, 2022

Certiorari denied · March 20, 2023
Pre-decision estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether families have a fundamental right to a medical exemption in cases where their child’s statelicensed physician determines that the child is at risk of serious harm from a state-mandated vaccine.

  2. Whether the unconstitutional conditions doctrine prohibits states from conditioning access to school and services on a family’s waiver of the right to protect their child from serious harm in accordance with medical advice.

  3. W h e t h e r Ja c o b s o n v . C o m m o n w e a l t h o f Massachusetts, 197 U.S. 11 (1905) permits courts to avoid strictly scrutinizing infringements on welldefined fundamental rights if the case involves public health.

Counsel of record

For petitioner
Sujata Elam Gibson
Gibson Law Firm, PLLC

For respondent
Adam I. Kleinberg
Sokoloff Stern LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 20 2023
    Petition DENIED.
  2. Feb 22 2023
    DISTRIBUTED for Conference of 3/17/2023.
  3. Feb 21 2023
    Reply of petitioners Jane Goe, Sr., et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Feb 02 2023
    Brief of State Respondents in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Feb 02 2023
    Brief of respondents Lansing Central School District, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Feb 02 2023
    Rule 35.3 letter re substitution of party filed by respondents.
    Main Document
  7. Dec 29 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2023, for all respondents.
  8. Dec 28 2022
    Motion to extend the time to file a response from January 3, 2023 to February 2, 2023, submitted to The Clerk.
    Main Document
  9. Dec 27 2022
    Motion of NY State Department of Health & Howard Zucker for an extension of time not accepted for filing. (December 28, 2022 - updated motion to be submitted)
  10. Nov 29 2022
    Waiver of right of respondents South Huntington Union Free School District s/h/a South Huntington School District, David P. Bennardo, Three Village Central School District, et al. to respond filed.
    Main Document
  11. Nov 28 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2023, for all respondents.
  12. Nov 23 2022
    Motion to extend the time to file a response from December 1, 2022 to January 3, 2023, submitted to The Clerk.
    Main Document
  13. Nov 16 2022
    Waiver of right of respondent Br. David Migliorino to respond filed.
    Main Document
  14. Oct 27 2022
    Petition for a writ of certiorari filed. (Response due December 1, 2022)
    PetitionCertificate of Word CountProof of Service