No. 21-1263

Marvin Gerber v. Henry Herskovitz, et al.

Lower Court: Sixth Circuit
Docketed: 2022-03-17
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: anti-israel anti-jewish first-amendment free-exercise free-exercise-of-religion harassment intimidation judicial-review religious-freedom speech-restriction
Key Terms:
SocialSecurity FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Whether the First Amendment's guarantee of the free exercise of religion requires restriction adjacent to a house of worship of harassing and intimidating speech that discourages and impedes prayer

Question Presented (from Petition)

QUESTIONS PRESENTED Jewish worshippers entering their synagogue for worship on Saturday mornings for Sabbath services are harassed and intimidated by a group that assembles only and precisely at the times of prayer and displays anti-Jewish and anti-Israel placards on the sidewalk in front of the synagogue and across the street. The Questions Presented are: 1. Whether the First Amendment’s guarantee of the free exercise of religion requires restriction adjacent to a house of worship of harassing and intimidating speech that discourages and impedes prayer. 2. Whether the Court of Appeals’ disregard of this Court’s instruction that “a federal appellate court does not consider an issue not passed upon below” (Singleton v. Wulff, 428 U.S. 106, 120 (1976)) warrants summary reversal of the Court of Appeals’ decision and remand for consideration by an impartial and unbiased District Court Judge.

Docket Entries

2022-05-16
Petition DENIED.
2022-04-26
DISTRIBUTED for Conference of 5/12/2022.
2022-04-06
Waiver of right of respondent City of Ann Arbor, et al. to respond filed.
2022-04-05
Brief amici curiae of Agudath Israel of America, et al. filed.
2022-03-25
Waiver of right of respondents Henry Herskovitz, Gloria Harb, Tom Saffold, Rudy List, Jewish Witnesses for Peace to respond filed.
2022-03-21
Blanket Consent filed by Petitioner, Marvin Gerber
2022-03-11
Petition for a writ of certiorari filed. (Response due April 18, 2022)
2022-01-18
Application (21A329) granted by Justice Kavanaugh extending the time to file until April 1, 2022.
2022-01-12
Application (21A329) to extend the time to file a petition for a writ of certiorari from January 31, 2022 to April 1, 2022, submitted to Justice Kavanaugh.

Attorneys

Agudath Israel of America, COLPA, Agudas Harabbonim, Coalition for Jewish Values, Orthodox Jewish Chamber of Commerce, Rabbinical Alliance of America, Rabbinical Council of America, Union of Orthodox Jewish Congregations of America, Torah Umesorah, and Na
Joshua Adam KlarfeldUlmer & Berne LLP, Amicus
Joshua Adam KlarfeldUlmer & Berne LLP, Amicus
City of Ann Arbor, et al
Timothy S. WilhelmAnn Arbor City Attorney's Office, Respondent
Timothy S. WilhelmAnn Arbor City Attorney's Office, Respondent
Henry Herskovitz, Gloria Harb, Tom Saffold, Rudy List, Jewish Witnesses for Peace
John Anthony SheaJohn A. Shea, Attorney at Law, Respondent
John Anthony SheaJohn A. Shea, Attorney at Law, Respondent
Marvin Gerber
Nathan Lewin — Petitioner
Nathan Lewin — Petitioner