No. 18-1487

Mercer County Board of Education, et al. v. Elizabeth Deal, et al.

Lower Court: Fourth Circuit
Docketed: 2019-05-30
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: case-or-controversy circuit-split civil-procedure exposure imminent-injury injunctive-relief mootness ripeness school school-program standing voluntary-cessation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fourth Circuit erred in finding that Jessica Roe has standing to seek an injunction against a school program to which she has no ongoing exposure and no non-speculative prospect of future exposure

Question Presented (OCR Extract)

QUESTIONS PRESENTED In Summers v. Earth Island Institute, 555 U.S. 488 (2009), this Court held that a “vague desire to return ... without any description of concrete plans” is insufficient to establish the requirement of “imminent injury” necessary to provide standing to seek injunctive relief. Jessica Roe stopped attending Mercer County Schools before initiating litigation against it, and has not stated any intention ever to return to the school district in the future, even if an injunction is entered. Did the Fourth Circuit err by finding Roe has standing to seek to enjoin a school program to which she has no ongoing exposure, and no non-speculative prospect of exposure in the future?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-21
DISTRIBUTED for Conference of 10/1/2019.
2019-08-20
Reply of petitioners Mercer County Board of Education, et al. filed.
2019-08-09
Brief of respondents Elizabeth Deal, et al. in opposition filed.
2019-07-10
Brief amici curiae of States of Texas, et al. filed.
2019-07-03
Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2019.
2019-06-27
Motion to extend the time to file a response from July 10, 2019 to August 9, 2019, submitted to The Clerk.
2019-06-10
Response Requested. (Due July 10, 2019)
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-29
Petition for a writ of certiorari filed. (Response due July 1, 2019)
2019-05-29
Waiver of right of respondents Elizabeth Deal, et al. to respond filed.
2019-04-18
Application (18A1064) granted by The Chief Justice extending the time to file until May 29, 2019.
2019-04-16
Application (18A1064) to extend the time to file a petition for a writ of certiorari from April 28, 2019 to May 29, 2019, submitted to The Chief Justice.

Attorneys

Elizabeth Deal, et al.
Andrew Lewis SeidelFreedom From Religion Foundation, Respondent
Mercer County Board of Education, et al.
Gregory Frederick JacobO'Melveny & Myers LLP, Petitioner
STATES OF TEXAS, ALABAMA, ALASKA, ARKANSAS, INDIANA, LOUISIANA, SOUTH CAROLINA, SOUTH DAKOTA, AND WEST VIRIGINIA
Kyle Douglas HawkinsTexas Attorney General's Office, Amicus