Supreme Court Report

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Chad Parker, et al. v. Governor of Pennsylvania, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 22-2789 · judgment September 8, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The COVID-19 pandemic created a constitutional crisis. For years, American citizens, including Petitioners, were subject to constantly changing orders that imposed burdens on fundamental freedoms in a way that our nation has never experienced in its history. The cost of these burdens is incalculable. Unfortunately, many courts did nothing, abdicating their duty to say what the law is and allowing this assault on liberty to proceed largely unchecked.

  1. Is this constitutional challenge to the Pennsylvania “mask mandate” moot when the restriction is capable of repetition yet so short in duration that it evaded review and Pennsylvania officials voluntary ceased the allegedly unlawful action while this lawsuit was pending?

  2. Do Petitioners have standing to challenge Pennsylvania’s “contact tracing” program, which was developed during the COVID-19 pandemic, when Petitioners were directly subject to its restrictions during the pandemic, the program had a chilling effect on Petitioners’ freedom to associate, Petitioners had private and personal data subject to disclosure as a result of a breach of the program’s database, and the program remains in existence today?

Counsel of record

For petitioner
Robert Joseph Muise
American Freedom Law Center

For respondent
Sean Andrew Kirkpatrick
Office of the Attorney General of the Commonwealth

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 10 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 03 2024
    Waiver of right of respondents Governor of Pennsylvania, et al. to respond filed.
  4. Dec 07 2023
    Petition for a writ of certiorari filed. (Response due January 10, 2024)