No. 20-6538

Gabriel Schmitt v. Charlie Baker, Governor of Massachusetts

Lower Court: First Circuit
Docketed: 2020-12-04
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights due-process first-amendment police-power public-health public-health-emergency service-of-process standing substitute-service
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-02-19
Question Presented (AI Summary)

May a state governor close the state house and prevent service of process on civil rights claims?

Question Presented (OCR Extract)

Questions Presented: 1. May a state governor close the state house of that state's congressional body to the public, in addition to all of his offices, such that there is no way for any individual to serve him with a summons to a civil action which alleges that such behavior (in addition to any other restrictions on said individual's : constitutional rights) is a violation of first amendment rights (including the right to be able to petition for redress of grievances)? If a governor may do such a thing with the stated intention of protecting the . public health, may the aforementioned individual be granted the right to serve the governor with . substitute service (in sted of R. Civ. P. 4) as defined by Transamerica Corp v. Transamerica Multiservices Inc. et al. No. 118 CV 22483 due to the fact that as a defendant he is preventing a summons from being served on himself by his actions? 2. May a state governor violate the constitutional rights of his state's citizens using the police power ; and fines by relying on data from the Center for Disease Control and the World Health Organization, . both of whom are biased in favor of large pharmaceutical companies, donors and other funding sources? If a governor may do so, is it allowable that he should be able to rely on data regarding the spread of an , | accute respiratory illness which is collected in a non-standardized and innacurate way, through the use of PCR tests, Serology tests, and doctor's assesments, none of which are verifiably accurate or have been proven consistent amongst each other previously for the purpose of proving that such a disease is rapidly spreading and hence a threat to the public health? If a governor may do both of the aforementioned actions, is it allowable that he should be able to limit the free practice of religion based on said information despite the fact that courts have previously ruled in Yoder v. Wisconsin that only a state interest of the highest order can be grounds for obstructing the first ammendment right to practice religion?

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2020-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)

Attorneys

Gabriel Schmitt
Gabriel Schmitt — Petitioner