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Haseeb Abdullah v. Ken Paxton, Attorney General of Texas, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-50315 · judgment April 11, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 14% cert probability (95% interval 9%–20%)

Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a state or local-government respondent.

Question presented

Question No. 1 presented: Does a beneficiary of a public retirement fund have standing to bring a First Amendment facial challenge to a state statute that requires funds to divest from and refrain from investing in companies that the state believes boycott Israel? Does the standing analysis change when the plaintiff alleges the statute is unconstitutionally overbroad, purposefully endorses one religious viewpoint over others, and requires the managers of the funds to prioritize the state politicians’ ideological viewpoints over their fiduciary duties to the beneficiaries? Question No. 2 presented: Did the Fifth Circuit err in failing to conduct a separate standing analysis for the constitutional injuries alleged, instead conducting only a cursory analysis that duplicates its economic injury analysis? Question No. 3 presented: Did the Fifth Circuit err in failing to evaluate stigmatic injury as sufficient to satisfy the injury-in-fact element of Article III standing to bring Establishment Clause claims, contradicting this Court’s precedent and creating a circuit split?

Counsel of record

For petitioner
Christina A. Jump
Constitutional Law Center for Muslims in America

For respondent
Lanora Christine Pettit
Office of the Texas Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Aug 30 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jul 17 2023
    Waiver of right of respondent John Scott, et al. to respond filed.
  4. Jul 10 2023
    Petition for a writ of certiorari filed. (Response due August 14, 2023)