No. 20-385

Judy Doe v. Michael L. Parson, Governor of Missouri, et al.

Lower Court: Eighth Circuit
Docketed: 2020-09-24
Status: Denied
Type: Paid
Response Waived
Tags: abortion abortion-rights constitutional-challenge due-process establishment-clause free-exercise free-exercise-clause religious-belief religious-liberty undue-burden undue-burden-standard
Key Terms:
SocialSecurity DueProcess FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2020-11-20
Question Presented (AI Summary)

Is the Establishment Clause violated by the proclamation that 'The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being?'

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is the Establishment Clause violated by the proclamation in an abortion statute that “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being?” 2. Can a State constitutionally compel a woman seeking an abortion to acknowledge receipt of the proclamation “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being” as a condition for getting an abortion when her religious belief is the nonviable fetus is not a human being but rather part of her body that can, in good conscience, be removed on demand without regard to its current or future condition? 3. Can a State can constitutionally compel a woman seeking an abortion to submit to a three day waiting period whose only purpose is to promote her consideration of the State’s proclamation that “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being” when her religious belief is the non-viable fetus is not a human being but rather part of her body that can, in good conscience, be removed on demand without regard to its current or future condition? 4. Does the undue burden analysis of Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833 (1992) (“Casey”) or the rational basis analysis of Employment Div., Dep't of Human Res. of Oregon v. Smith, 494 U.S. 872 (1990) (“Smith”) apply to a claim an abortion statute violates the Free Exercise clause? ii 5. Must a complaint alleging a violation of 42 U.S.C. §1983 by an abortion statute also explicitly allege an “undue burden” rather than a “substantial burden” to state a claim the statute violates the Constitutional standards articulated in Casey?

Docket Entries

2020-11-23
Petition DENIED.
2020-11-18
Response to request for recusal received.
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-10-30
Request for recusal from counsel for petitioner received. (Distributed)
2020-10-06
Waiver of right of respondent Michael L. Parson to respond filed.
2020-09-16
Petition for a writ of certiorari filed. (Response due October 26, 2020)

Attorneys

Judy Doe
W. James MacNaughtonW. James Mac Naughton Esq., Petitioner
W. James MacNaughtonW. James Mac Naughton Esq., Petitioner
Michael L. Parson
D. John SauerOffice of the Attorney General, Respondent
D. John SauerOffice of the Attorney General, Respondent