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Heidi E. Washington, Director, Michigan Department of Corrections v. James Harrison Fox, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-1694 · judgment June 26, 2023


Certiorari denied · November 20, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Sixth Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Whether the Sixth Circuit failed to give adequate deference under Cutter v. Wilkinson, 544 U.S. 709 (2005), to the Michigan Department of Corrections’ compelling interest in avoiding racial unrest and violence, and in doing so, adopted a least-restrictivemeans analysis that forced official recognition of a white supremacist religious organization that is seeking communal worship within prison walls.

Counsel of record

For petitioner
Ann Maurine Sherman
Michigan Department of Attorney General

For respondent
Daniel E. Manville

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 20 2023
    Petition DENIED.
  2. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  3. Oct 30 2023
    Waiver of right of respondents James H. Fox, et al. to respond filed.
  4. Sep 25 2023
    Petition for a writ of certiorari filed. (Response due October 27, 2023)