In Re Sally Priester

On March 17, 2023, Petitioner filed her opening brief in case number 22-1694 before the United States Court of Appeals for the First Circuit requesting the reversal of the district court’s decision upholding an unconstitutional gag order issued against a licensed medical doctor, prohibiting her free speech. On May 17, 2023, Respondents filed a motion requesting summary disposition. At the behest of Respondents, on June 8, 2023, the court of appeals entered an Order staying the briefing of the case while it determined if it would summarily dismiss the appeal. The court of appeals also exempted Appellees from filing a reply brief, and since then has failed to rule on the matter that is within its jurisdiction. Never in United States Judicial history has a court of appeals stayed a ruling for two years. THE QUESTION PRESENTED IS: The question presented is whether this Court should issue a writ of mandamus directing the United States Court of Appeals for the First Circuit to proceed with its duty to rule on Petitioner’s appeal and continue its briefing on a case that has been stayed for twenty-two months prolonging the irreparable harm restricting her First Amendment rights.