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Ryan J. Welter v. Massachusetts Board of Registration in Medicine

Paid petition · Supreme Judicial Court of Massachusetts, No. SJC-13236 · judgment October 20, 2022


Certiorari denied · May 30, 2023
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition citing one or two dissents, and down for a state or local-government respondent.

Question presented

When a Legislature delegates authority to an occupational licensing board to prohibit “misleading” statements and conduct with “the capacity to deceive,” but no statute or regulation provides any standards for applying those indeterminate requirements, does the Due Process Clause of the Fourteenth Amendment prevent the board from imposing career-ending sanctions based on its conclusion that a party’s truthful statements have the potential to mislead and deceive, but with no evidence that the party acted with improper intent, or that the statements made were material or caused anyone harm?

Counsel of record

For petitioner
Ashley C. Parrish
King & Spalding

For respondent
—

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
22A577

Order
Order list, May 30, 2023 · Certiorari denied

Proceedings

  1. May 30 2023
    Petition DENIED.
  2. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  3. Mar 20 2023
    Petition for a writ of certiorari filed. (Response due April 21, 2023)
  4. Dec 29 2022
    Application (22A577) granted by Justice Jackson extending the time to file until March 20, 2023.
  5. Dec 20 2022
    Application (22A577) to extend the time to file a petition for a writ of certiorari from January 18, 2023 to March 19, 2023, submitted to Justice Jackson.