Whether qualified immunity should be limited for executive branch officials who imposed COVID-19 restrictions that discriminatorily impacted religious schools' free exercise rights

No question identified. : Chris Wiest, Attorney at Law, PLLC 25 Town Center Blvd, STE 104 Crestview Hills, KY 41017 Counsel for Petitioners November 22, 2023 App. No. In the Supreme Court of the United States PLEASANT VIEW BAPTIST CHURCH; PLEASANT VIEW BAPTIST SCHOOL; PASTOR DALE MASSENGALE; VERITAS CHRISTIAN ACADEMY; MARYVILLE BAPTIST CHURCH; MICAH CHRISTIAN SCHOOL; PASTOR JACK ROBERTS; MAYFIELD CREEK BAPTIST CHURCH; MAYFIELD CREEK CHRISTIAN SCHOOL; PASTOR TERRY NORRIS; FAITH BAPTIST CHURCH; FAITH BAPTIST ACADEMY; PASTOR TOM OTTO; WESLEY DETERS and MITCH DETERS, on behalf of themselves and their minor children MD, WD, and SD; CENTRAL BAPTIST CHURCH; CENTRAL BAPTIST ACADEMY; PASTOR MARK EATON; CORNERSTONE CHRISTIAN SCHOOL; CORNERSTONE CHRISTIAN CHURCH; JOHN MILLER, on behalf of himself and his minor children BM, EM, and HM Petitioners v. ANDREW G. BESHEAR, in his individual capacity Respondent PETITIONERS’ APPLICATION TO EXTEND TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI To the Honorable Brett M. Kavanaugh, Associate Justice, as Circuit Justice for the United States Court of Appeals for the Sixth Circuit: Petitioners, Pleasant View Baptist Church, Pleasant View Baptist School, Paston Dale Massengale, Veritas Christian Academy, Maryville Baptist Church, Micah Christian School, Pastor Jack Roberts, Mayfield Creek Baptist Church, Mayfield Creek Christian School, Pastor Terry Norris, Faith Baptist Church, Faith Baptist Academy, Pastor Tom Otto, Wesley Deters and Mitch Deters, on behalf of themselves and their minor children MD, WD, and SD, Central Baptist Church, Central Baptist Academy, Pastor Mark Eaton, Cornerstone Christian School, Cornerstone Christian Church, and John Miller, on behalf of himself and his minor children BM, EM, and HM (collectively “Petitioners’”’) respectfully request that the time to file a Petition for a Writ of Certiorari in this matter be extended for fifty days, to, and including, February 20, 2024. The Court of Appeals issued its opinion on August 14, 2023. See App. A, infra. A timely petition for rehearing en banc was denied October 3, 2023. See App. B, infra. Absent an extension of time, the Petition would therefore be due on Monday, January 1, 2023. Petitioners are filing this Application at least ten days before that date. See S. Ct. R. 13.5. This Court would have jurisdiction over the judgment under 28 U.S.C. § 1254(1). Background This case involves several issues: First, this case raises questions of qualified immunity, and presents a unique vehicle for review of qualified immunity questions, particularly where, as is the case here, we do not have a case involving law enforcement officers making split-second decisions, but rather executive branch officials to whom prior, nearly identical published circuit precedent, have been directed against. Second, this case raises issues under the Free Exercise Clause, as well as hybrid rights involving rights to educate children, to assemble, and to worship. REASONS FOR GRANTING AN EXTENSION OF TIME The time to file a Petition for a Writ of Certiorari should be extended for fifty days for these reasons: 1. Additional time is warranted to allow preparation of a Petition because seeking this Court’s review in any case is a serious decision, and the implications of this case are important, warranting careful preparation of the petition. In addition, the time for this petition runs over several holidays. 2. In addition to the foregoing, the press of other business for undersigned Counsel, to include multiple conflicts over existing matters, including three trials in January and February, and other matters before this Court, necessitated this extension. 3. This case presents important issues warranting a carefully prepared Petition. At stake are serious issues regarding qualified immunity, as well as Free Exercise and hybrid rights claims. The issues in this case raise simple yet incredibly important questions, including, without limitation, (a) whether t