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Jane Doe, on Behalf of Herself and Her Minor Child, Sarah Doe v. Franklin Square Union Free School District

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-582 · judgment April 25, 2024


Certiorari denied · November 18, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Questions presented

  1. Whether a child has a fundamental right to refuse an experimental medical intervention that places her at serious risk of harm. 2 . W hether str ict scr utiny still applies if a fundamental right is infringed by a purported public health measure.

  2. W hether the state has a valid interest in mandating an experimental medical product that cannot stop the transmission of disease.

Counsel of record

For petitioner
Sujata Elam Gibson
Gibson Law Firm, PLLC

For respondent
Chelsea Weisbord
Sokoloff Stern, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
24A81

Proceedings

  1. Nov 18 2024
    Petition DENIED.
  2. Oct 30 2024
    DISTRIBUTED for Conference of 11/15/2024.
  3. Oct 17 2024
    Waiver of right of respondent Franklin Sqaure Union Free School to respond filed.
  4. Sep 23 2024
    Petition for a writ of certiorari filed. (Response due October 25, 2024)
  5. Jul 25 2024
    Application (24A81) granted by Justice Sotomayor extending the time to file until September 23, 2024.
  6. Jul 18 2024
    Application (24A81) to extend the time to file a petition for a writ of certiorari from July 24, 2024 to September 22, 2024, submitted to Justice Sotomayor.