No. 23-7172

JB Nicholas v. Judy A. Camuso, Commissioner, Maine Department of Inland Fisheries & Wildlife

Lower Court: First Circuit
Docketed: 2024-04-10
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: burford-abstention civil-rights due-process evidence first-amendment government-restrictions judicial-review occupational-liberty rational-basis
Key Terms:
DueProcess
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (AI Summary)

Should the Court require Government-imposed restrictions on the 809-year-old personal right to occupational liberty, long-recognized by this Court as protected by the Constitution, be supported with credible evidence submitted by the Government, instead of justified by judges with speculation, unsupported by any evidence?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Should the Court require Government-imposed restrictions on the 809-year-old personal right to occupational liberty, long-recognized by this Court as protected by the Constitution, be supported with credible evidence submitted by the Government, instead of justified by judges with speculation, unsupported by any evidence? 2. Are the First and Ninth Circuits correct that Burford v_Sun Oil Co. 319 US 315 (1943) allows courts to abstain from lawsuits demanding damages, even civil rights lawsuits filed under 42 USC § 1983, or are the Third, Fourth and maybe Second correct that it does not? Are the Third and Fourth Circuits correct that Burford should never apply to First Amendment claims, or is the First Circuit correct that it does? 3. Does this Court's intermediate scrutiny standard of judicial review for Government restrictions on First Amendment rights allow courts to speculate the restrictions are justified--instead of requiring proof they're justified and at least somewhat tailored? 4. Can a district court dismiss a lawsuit on the merits without a proper motion to dismiss on the merits by a defendant or court notice? i w eo

Docket Entries

2024-10-07
Petition DENIED.
2024-09-13
Reply of Jason B. Nicholas submitted.
2024-09-13
Reply of petitioner JB Nicholas filed. (Distributed)
2024-07-18
DISTRIBUTED for Conference of 9/30/2024.
2024-07-03
Brief of Judy A. Camuso in opposition submitted.
2024-07-03
Brief of respondent Judy A.Camuso, Commissioner, Maine Department of Inland Fisheries & Wildlife in opposition filed.
2024-05-14
Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2024.
2024-05-13
Motion to extend the time to file a response from June 5, 2024 to July 5, 2024, submitted to The Clerk.
2024-05-06
Response Requested on Question 2 only. (Due June 5, 2024)
2024-05-01
DISTRIBUTED for Conference of 5/16/2024.
2024-04-29
Waiver of right of respondent Judy A. Camuso to respond filed.
2024-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2024)

Attorneys

Jason B. Nicholas
Joel KurtzbergCahill Gordon & Reindel, Petitioner
Joel KurtzbergCahill Gordon & Reindel, Petitioner
JB Nicholas
JB Nicholas — Petitioner
JB Nicholas — Petitioner
Judy A. Camuso
Thomas A KnowltonOffice of the Attorney General of Maine, Respondent
Thomas A KnowltonOffice of the Attorney General of Maine, Respondent