No. 22-312

Michelle Chapman, Clerk, Circuit Court of Missouri, Randolph County v. Jane Doe, by Next Friend Anthony E. Rothert

Lower Court: Eighth Circuit
Docketed: 2022-10-04
Status: GVR
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: abortion-procedure civil-procedure civil-rights constitutional-rights due-process judicial-bypass minor-rights parental-notification quasi-judicial-immunity standing
Key Terms:
SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2023-03-17 (distributed 3 times)
Question Presented (AI Summary)

Whether Clerk Chapman was properly denied quasi-judicial immunity

Question Presented (OCR Extract)

QUESTIONS PRESENTED In December 2018, Respondent Jane Doe, an unemancipated minor, sought a judicial bypass procedure to have an abortion from a Missouri circuit The clerk’s office, reporting to Petitioner Michelle Chapman, was initially unfamiliar with the process and asked Doe to return. After consulting with the judge, Clerk Chapman required that any petition for a bypass required that notice of the hearing be sent to Doe’s parents. The questions presented are: 1. Whether Clerk Chapman was properly denied quasi-judicial immunity because the judge could not recall anything about the case, including whether he directed her to notify the parents when an unemancipated minor filed an application for a judicial bypass to have an abortion? 2. This Court has repeatedly “declined to decide whether a parental notification statute must include some sort of bypass provision to be constitutional.” Lambert v. Wicklund, 520 U.S. 292, 295 (1997) (per curiam). In light of this Court’s announcements, was it clearly established in 2018 that providing prehearing notification to an unemancipated minor’s parent of a judicial bypass procedure violates the minor’s clearly established rights? 3. Whether in light of this Court’s intervening decision in Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228, 2284 (2022), the Court should remand to determine whether Doe can show she has a right to a judicial bypass procedure without notice to her parents?

Docket Entries

2023-04-21
Judgment issued.
2023-03-20
Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See <i>United States</i> v. <i>Munsingwear, Inc.</i>, 340 U. S. 36 (1950). Justice Jackson, dissenting. (Detached <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-312_5h25.pdf'>Opinion</a>)
2023-03-13
DISTRIBUTED for Conference of 3/17/2023.
2023-02-16
Response to petitioner's suggestion of mootness from respondent Jane Doe, by Next Friend Anthony E. Rothert filed. (Distributed)
2023-02-15
DISTRIBUTED for Conference of 3/3/2023.
2023-02-07
Suggestions of Mootness and Unopposed Motion to Vacate the Judgment of the Court of Appeals filed by petitioner Michelle Chapman.
2023-01-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 10, 2023.
2023-01-12
Motion to extend the time to file a response from January 12, 2023 to February 10, 2023, submitted to The Clerk.
2023-01-11
Suggestion of Mootness filed by respondent Jane Doe, by Next Friend Anthony E. Rothert.
2023-01-05
Motion to extend the time to file a response is granted and the time is further extended to and including January 12, 2023.
2023-01-04
Motion to extend the time to file a response from January 4, 2023 to January 12, 2023, submitted to The Clerk.
2022-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2023.
2022-12-05
Motion to extend the time to file a response from December 5, 2022 to January 4, 2023, submitted to The Clerk.
2022-11-04
Response Requested. (Due December 5, 2022)
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-11-01
Waiver of right of respondent Jane Doe, by Next Friend Anthony E. Rothert to respond filed.
2022-09-30
Petition for a writ of certiorari filed. (Response due November 3, 2022)
2022-08-18
Application (22A146) granted by Justice Kavanaugh extending the time to file until September 30, 2022.
2022-08-15
Application (22A146) to extend the time to file a petition for a writ of certiorari from August 31, 2022 to September 30, 2022, submitted to Justice Kavanaugh.

Attorneys

Jane Doe, by Next Friend Anthony E. Rothert
Anthony Edward RothertAmerican Civil Liberties Union of Missouri, Respondent
Michelle Chapman
Jeff Philip JohnsonOffice of the Missouri Attorney General, Petitioner