No. 22-404

Jane Goe, Sr., on Behalf of Herself and Her Minor Child, et al. v. James V. McDonald, et al.

Lower Court: Second Circuit
Docketed: 2022-11-01
Status: Denied
Type: Paid
Response Waived
Tags: due-process fundamental-rights jacobson-v-massachusetts medical-exemption public-health strict-scrutiny unconstitutional-conditions vaccine-mandate
Key Terms:
AdministrativeLaw Arbitration ERISA DueProcess Securities Privacy JusticiabilityDoctri
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether families have a fundamental right to a medical exemption

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether families have a fundamental right to a medical exemption in cases where their child’s statelicensed physician determines that the child is at risk of serious harm from a state-mandated vaccine. 2. Whether the unconstitutional conditions doctrine prohibits states from conditioning access to school and services on a family’s waiver of the right to protect their child from serious harm in accordance with medical advice. 3. Whether Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905) permits courts to avoid strictly scrutinizing infringements on welldefined fundamental rights if the case involves public health.

Docket Entries

2023-03-20
Petition DENIED.
2023-02-22
DISTRIBUTED for Conference of 3/17/2023.
2023-02-21
2023-02-02
2023-02-02
Brief of respondents Lansing Central School District, et al. in opposition filed.
2023-02-02
Rule 35.3 letter re substitution of party filed by respondents.
2022-12-29
Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2023, for all respondents.
2022-12-28
Motion to extend the time to file a response from January 3, 2023 to February 2, 2023, submitted to The Clerk.
2022-11-29
Waiver of right of respondents South Huntington Union Free School District s/h/a South Huntington School District, David P. Bennardo, Three Village Central School District, et al. to respond filed.
2022-11-28
Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2023, for all respondents.
2022-11-23
Motion to extend the time to file a response from December 1, 2022 to January 3, 2023, submitted to The Clerk.
2022-11-16
Waiver of right of respondent Br. David Migliorino to respond filed.
2022-10-27
Petition for a writ of certiorari filed. (Response due December 1, 2022)

Attorneys

Br. David Migliorino
Meishin RiccardulliBiedermann Hoenig Semprevivo, Respondent
Meishin RiccardulliBiedermann Hoenig Semprevivo, Respondent
Jane Goe, Sr., et al.
Sujata Elam GibsonGibson Law Firm, PLLC, Petitioner
Sujata Elam GibsonGibson Law Firm, PLLC, Petitioner
Lansing Central School District, Coxsackie-Athens School District, Penfield Central School District, Chris Pettograsso, Christine Rebera, Lorri Whiteman, Randall Squier, Freya Mercer, Dr. Thomas Putnam i/s/h/a Dr. Thomas Putman
Peter James MastaglioCullen and Dykman, Respondent
Peter James MastaglioCullen and Dykman, Respondent
NY State Department of Health & James V. McDonald
Barbara Dale UnderwoodSolicitor General, Respondent
Barbara Dale UnderwoodSolicitor General, Respondent
South Huntington Union Free School District s/h/a South Huntington School District, David P. Bennardo, Three Village Central School District, et al.
Adam I. KleinbergSokoloff Stern LLP, Respondent
Adam I. KleinbergSokoloff Stern LLP, Respondent