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Katie Sczesny, et al. v. Philip Murphy, Individually and in His Official Capacity as the Governor of New Jersey, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 24-1676 · judgment March 14, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below, counsel who has filed here before, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Questions presented

  1. Does the voluntary cessation doctrine require a defendant to provide affirmative assurance that the challenged conduct will not recur, particularly when the conduct was enacted and repealed by executive fiat and the only basis for repeal was variable public health statistics?

  2. Does a complaint seeking declaratory judgment on the constitutionality of a governor-imposed booster vaccine mandate remain an active controversy after the mandate’s repeal when the plaintiffs were terminated due to noncompliance and now have this adverse termination in their employment record?

Counsel of record

For petitioner
Dana Lauren Wefer
Law Offices of Dana Wefer

For respondent
Francis Xavier Baker
Office of the New Jersey Attorney General

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 6, 2025 · Certiorari denied

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 23 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 17 2025
    Waiver of right of respondent Gov. of NJ Murphy, et al. to respond filed.
  4. Jun 12 2025
    Petition for a writ of certiorari filed. (Response due July 17, 2025)