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L. M., a Minor, By and Through His Father and Stepmother and Natural Guardians, Christopher and Susan Morrison v. Town of Middleborough, Massachusetts, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 23-1535, 23-1645 · judgment June 9, 2024


Certiorari denied · May 27, 2025
Pre-decision estimate: 18% cert probability (95% interval 11%–28%)

Before the decision, about 4.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a First Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.

Question presented

JAMES A. CAMPBELL SAMUEL J. WHITING TYSON C. LANGHOFER MASSACHUSETTS FAMILY P. LOGAN SPENA INSTITUTE ALLIANCE DEFENDING 401 Edgewater Pl. FREEDOM Suite 580 44180 Riverside Pkwy Wakefield, MA 01880 Lansdowne, VA 20176 (781) 569-0400 (571) 707-4655

Counsel of record

For petitioner
John J. Bursch
Alliance Defending Freedom

For respondent
Douglas Harry Hallward-Driemeier
Ropes & Gray, LLP

Case

Conference history
Distributed for 12 conferences

Amicus briefs
10 cert-stage

Linked docket
24A161

Argument & decision

Decided May 27, 2025.

Proceedings

  1. May 27 2025
    Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion). Justice Alito, with whom Justice Thomas joins, dissenting from the denial of certiorari. (Detached Opinion)
  2. May 19 2025
    DISTRIBUTED for Conference of 5/22/2025.
  3. May 12 2025
    DISTRIBUTED for Conference of 5/15/2025.
  4. Apr 28 2025
    DISTRIBUTED for Conference of 5/2/2025.
  5. Apr 21 2025
    DISTRIBUTED for Conference of 4/25/2025.
  6. Apr 16 2025
    Supplemental letter of petitioner L.M. filed. (Distributed)
  7. Apr 14 2025
    DISTRIBUTED for Conference of 4/17/2025.
  8. Mar 31 2025
    DISTRIBUTED for Conference of 4/4/2025.
  9. Mar 24 2025
    DISTRIBUTED for Conference of 3/28/2025.
  10. Mar 17 2025
    DISTRIBUTED for Conference of 3/21/2025.
  11. Mar 03 2025
    DISTRIBUTED for Conference of 3/7/2025.
  12. Feb 24 2025
    DISTRIBUTED for Conference of 2/28/2025.
  13. Feb 07 2025
    Reply of petitioner L. M. filed. (Distributed)
  14. Feb 05 2025
    DISTRIBUTED for Conference of 2/21/2025.
  15. Jan 21 2025
    Brief of respondents Middleborough, Massachusetts, et al. in opposition filed.
  16. Dec 20 2024
    Brief amici curiae of America's Future, et al. filed.
  17. Dec 03 2024
    Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2025, for all respondents.
  18. Dec 02 2024
    Motion to extend the time to file a response from December 20, 2024 to January 21, 2025, submitted to The Clerk.
  19. Nov 20 2024
    Response Requested. (Due December 20, 2024)
  20. Nov 19 2024
    DISTRIBUTED for Conference of 12/6/2024.
  21. Nov 12 2024
    Brief amici curiae of Life Legal Defense Foundation, et al. filed.
  22. Nov 12 2024
    Brief amicus curiae of Americans for Prosperity Foundation filed.
  23. Nov 12 2024
    Brief amici curiae of J.R., a minor, by and through his mother and general guardian, Eden H. Rodriguez, et al. filed.
  24. Nov 12 2024
    Brief amicus curiae of Independent Women's Law Center filed.
  25. Nov 12 2024
    Brief amicus curiae of Parents Defending Education filed.
  26. Nov 12 2024
    Brief amici curiae of South Carolina, et al. filed.
  27. Nov 12 2024
    Brief amicus curiae of Foundation for Individual Rights and Expression filed.
  28. Nov 12 2024
    Brief amici curiae of Pacific Justice Institute, et al. filed.
  29. Nov 08 2024
    Waiver of right of respondent Town of Middleborough, Massachusetts, et al. to respond filed.
  30. Nov 08 2024
    Brief amicus curiae of National Religious Broadcasters filed.
  31. Oct 09 2024
    Petition for a writ of certiorari filed. (Response due November 12, 2024)
  32. Aug 13 2024
    Application (24A161) granted by Justice Jackson extending the time to file until October 9, 2024.
  33. Aug 07 2024
    Application (24A161) to extend the time to file a petition for a writ of certiorari from September 7, 2024 to October 9, 2024, submitted to Justice Jackson.