Supreme Court of the United States · Official docket →
John and Jane Parents 1, et al. v. Montgomery County Board of Education, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-2034 · judgment August 14, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Like a multitude of other school districts across the nation, the Montgomery County (Md.) Board of Education (“MCBE”) has recently adopted a policy that requires school employees to hide from parents that their child is transitioning gender at school if, in the child’s or the school’s estimation, the parents will not be “supportive” enough of the transition. Petitioner Parents claim this “Parental Preclusion Policy” violates their fundamental rights to direct the care and upbringing of their children. The district court dismissed for failure to state a claim. The Fourth Circuit, over a dissent, dismissed on standing grounds. The questions presented are:
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When a public school, by policy, expressly targets parents to deceive them about how the school will treat their minor children, do parents have standing to seek injunctive and declaratory relief in anticipation of the school applying its policy against them?
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Assuming the parents have standing, does the Parental Preclusion Policy violate their fundamental parental rights?
Counsel of record
For petitioner
Frederick W. Claybrook Jr.
Claybrook, LLC
For respondent
Alan Evan Schoenfeld
Wilmer, Cutler, Pickering, Hale and Dorr, LLP
Case
Conference history
Distributed for 5 conferences
Amicus briefs
10 cert-stage
Proceedings
- May 20 2024Petition DENIED.
- May 13 2024DISTRIBUTED for Conference of 5/16/2024.
- May 08 2024Rescheduled.
- May 06 2024DISTRIBUTED for Conference of 5/9/2024.
- Apr 25 2024Rescheduled.
- Apr 22 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 18 2024Rescheduled.
- Apr 03 2024DISTRIBUTED for Conference of 4/19/2024.
- Mar 25 2024Reply of petitioners John and Jane Parents 1, et al. filed.
- Mar 18 2024Brief of respondents Montgomery County Board of Education, et al. in opposition filed.
- Jan 18 2024Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2024.
- Jan 17 2024Motion to extend the time to file a response from February 15, 2024 to March 18, 2024, submitted to The Clerk.
- Jan 16 2024Response Requested. (Due February 15, 2024)
- Jan 10 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 04 2024Waiver of right of respondents Montgomery County Board of Education, et al. to respond filed.
- Jan 04 2024Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed.
- Jan 04 2024Brief amici curiae of Liberty Justice Center, et al. filed.
- Jan 04 2024Brief amici curiae of Professor S. Ernie Walton, et al. filed.
- Jan 04 2024Brief amicus curiae of Goldwater Institute filed.
- Jan 04 2024Brief amici curiae of West Virginia, et al. filed.
- Jan 04 2024Brief amicus curiae of America First Legal Foundation filed.
- Jan 04 2024Brief amicus curiae of Foundation for Moral Law filed.
- Jan 04 2024Brief amicus curiae of American Center for Law and Justice filed.
- Jan 04 2024Brief amicus curiae of National Association of Parents, Inc. dba ParentsUSA filed.
- Dec 12 2023Brief amicus curiae of Institute for Faith and Family in Support filed.
- Nov 13 2023Petition for a writ of certiorari filed. (Response due January 4, 2024)