No. 23-1189

Jeryl Turco v. City of Englewood, New Jersey

Lower Court: Third Circuit
Docketed: 2024-05-03
Status: Denied
Type: Paid
Amici (3)Response RequestedRelisted (11) Experienced Counsel
Tags: abortion-clinic buffer-zones civil-rights content-neutrality due-process first-amendment free-speech hill-v-colorado public-forum sidewalk-counseling speech-suppression standing
Key Terms:
FirstAmendment
Latest Conference: 2025-02-21 (distributed 11 times)
Question Presented (AI Summary)

Whether the City of Englewood's speech-free buffer zones, including zones outside an abortion clinic, violate the First Amendment

Question Presented (from Petition)

QUESTIONS PRESENTED Petitioner Jeryl Turco has been _ sidewalk counseling peacefully for years on a public sidewalk outside an abortion facility. In response to the arrival of new and reportedly unruly protesters outside that clinic, Respondent City of Englewood created speechsuppressing buffer zones against, not just the protesters, but also peaceful sidewalk counselors like Petitioner Turco, and it did not just authorize zones at the relevant abortion facility, but outside all health care and “transitional” facilities in the City. Except for the smaller size of the buffer zones and its broader application to other facilities, Englewood’s ordinance is, in all material respects, identical to the law this Court unanimously declared unconstitutional in McCullen v. Coakley, 573 U.S. 464 (2014). The Third Circuit’s decision upholding that ordinance mangles McCullen, conflicts with a Sixth Circuit decision involving similar legislation, Sisters For Life, Inc. v. Cty., 56 F.4th 400 (6th Cir. 2022), embraces a novel “substantial burden” test for limits on speech on public sidewalks, and hides behind Hill v. Colorado, 530 U.S. 7038, 744 (2000), which this Court has observed is a “distort[ion]” of “First Amendment doctrines.” Dobbs v. Jackson Women’s Health Org., 142 8. Ct. 2228, 2276 & n.65 (2022). The questions presented are: 1. Whether the City of Englewood’s speech-free buffer zones, including zones outside an abortion clinic, violate the First Amendment. 2. Whether this Court should overrule Hill v. Colorado. ii PARTIES The caption of the case contains the names of all the parties.

Docket Entries

2025-02-24
Petition DENIED. Justice Thomas and Justice Alito would grant the petition for a writ of certiorari.
2025-02-14
DISTRIBUTED for Conference of 2/21/2025.
2025-01-21
DISTRIBUTED for Conference of 1/24/2025.
2025-01-13
DISTRIBUTED for Conference of 1/17/2025.
2025-01-06
DISTRIBUTED for Conference of 1/10/2025.
2024-12-09
DISTRIBUTED for Conference of 12/13/2024.
2024-12-02
DISTRIBUTED for Conference of 12/6/2024.
2024-11-18
DISTRIBUTED for Conference of 11/22/2024.
2024-11-12
DISTRIBUTED for Conference of 11/15/2024.
2024-11-04
Rescheduled.
2024-10-23
DISTRIBUTED for Conference of 11/8/2024.
2024-08-09
Rescheduled.
2024-08-07
DISTRIBUTED for Conference of 9/30/2024.
2024-08-01
2024-08-01
2024-07-23
Brief of respondent City of Englewood, New Jersey in opposition filed.
2024-07-23
Brief of City of Englewood, New Jersey in opposition submitted.
2024-07-09
Response Requested. (Due August 8, 2024)
2024-06-12
DISTRIBUTED for Conference of 9/30/2024.
2024-06-03
Brief amici curiae of Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al. filed (June 14, 2024). (Distributed)
2024-06-03
Brief amici curiae of Ethics and Religious Liberty Commission of the SBC, et al. filed. (Jun. 14 2024) (Distributed)
2024-06-03
2024-04-30

Attorneys

City of Englewood, New Jersey
Donald A. KleinWeiner Law Group, LLP, Respondent
Donald A. KleinWeiner Law Group, LLP, Respondent
Commonwealth of Kentucky
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Amicus
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Amicus
Ethics and Religious Liberty Commission of the SBC, et al.
Frederick W. Claybrook Jr.Claybrook, LLC, Amicus
Frederick W. Claybrook Jr.Claybrook, LLC, Amicus
Jeryl Turco
Jay Alan SekulowAmerican Center for Law and Justice, Petitioner
Walter M. WeberAmerican Center for Law & Justice, Petitioner
Jay Alan SekulowAmerican Center for Law and Justice, Petitioner
Walter M. WeberAmerican Center for Law & Justice, Petitioner