Whether the First Amendment protects group speech by public employees petitioning elected officials about workplace concerns under an expanded Garcetti/Pickering analysis that considers the collective nature of the speech

No question identified. : are enclosed herein. Jurisdiction of this Court to review the order and judgment of the Tenth Circuit is being invoked pursuant to 28 U.S.C. § 1254(1). The Petition for a Writ of Certiorari intends to address an important constitutional question regarding the application of First Amendment protection to forty five (45) current and former public employees who circulated, signed, and delivered a written petition to their elected officials regarding multiple serious issues at the county correctional facility that did or had employed them. The critical question requiring this Court’s review is whether the Tenth Circuit’s application of the Garcetti/Pickering test to analyze this group’s concerted speech to elected officials was appropriate in light of this Court’s decisions in Janus v. AFSCME, Council 31, 138 S. Ct. 2448, 2472-73 (2018) and United States v. Nat'l Treasury Emples. Union, 513 U.S. 454, 466-67, 115 S. Ct. 1003, 1013 (1995) which hold that Garcetti/Pickering was not intended for use in analyzing group speech under the First Amendment. Janus specifically recognizes that group speech substantially enlarges the category of speech which is a matter of public concern, and substantially shrinks that which would be considered a matter of only private concer. Additionally, this Petition intends to address whether a Party can be properly “put on notice” to prospectively argue defenses to issues not raised by the movant on summary judgment, merely because a legal test was mentioned in a previous Court order. This holding threatens to make the non-movant’s burden in responding to summary judgment nearly impossible as it requires them to guess any possible arguments that might be raised sua sponte by the Court, even when they aren’t raised by the moving party. Petitioner seeks an extension of time to file her Writ of Certiorari because the death of undersigned counsel’s mother during the running of Petitioner’s time to file her Petition has resulted in unexpected time out of the office, and thus an extension is needed in order to complete the briefing of this petition. Petitioner seeks the extension so that her counsel has sufficient time to fully brief and to file her Petition for a Writ of Certiorari. Wherefore, in the interest of justice and for good cause shown, Ms. Rogers respectfully requests that this Court extend the current November 2, 2023 deadline until December 18, 2023. Respectfully Submitted. Heather Burke Attorney at Law 1000 Cordova Place #24 Santa Fe, NM 87505 (505) 428-9424