No. 18-1073

Tara King, et al. v. Phil Murphy, Governor of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2019-02-15
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-rights content-based-regulation content-based-restriction due-process extraordinary-circumstances first-amendment free-speech irreparable-harm mandate-recall standing supreme-court-precedent takings
Latest Conference: 2019-04-12
Question Presented (from Petition)

1. Whether the Court of Appeals erred when it refused to recall its mandate after this Court explicitly abrogated its opinion by name.

2. Whether a lower court mandate should be recalled when this Court expressly abrogates the ruling by name and when the lower court's abrogated opinion continues to cause irreparable harm to free speech.

3. Whether a lower court opinion should be vacated and the mandate recalled when this Court expressly overrules the opinion by name and when the lower court opinion continues to cause irreparable harm to free speech.

4. Whether this Court's explicit abrogation of the lower court's opinion by name which departed from this Court's free speech precedents is an extraordinary circumstance justifying recall of the mandate when the lower court opinion continues to cause irreparable harm to free speech.

Question Presented (AI Summary)

Whether a lower court mandate should be recalled when the Supreme Court expressly abrogates the ruling by name and the lower court opinion continues to cause irreparable harm to free speech

Docket Entries

2019-04-15
Petition DENIED.
2019-03-20
DISTRIBUTED for Conference of 4/12/2019.
2019-02-26
Waiver of right of respondent Garden State Equality to respond filed.
2019-02-21
Waiver of right of respondents Governer of New Jersey, Chris Christie, Eric T. Kanefsky, Milagros Collazo, J. Michael Walker, and Paul Jordan to respond filed.
2019-02-11
Petition for a writ of certiorari filed. (Response due March 18, 2019)

Attorneys

Garden State Equality
David Scott FlugmanSelendy & Gay, PLLC, Respondent
Governer of New Jersey, Chris Christie, Eric T. Kanefsky, Milagros Collazo, J. Michael Walker, and Paul Jordan
Susan Marie ScottNew Jersey Department of Law and Public SafetyDi, Respondent
Tara King, Ph.D., et al.
Mathew D. StaverLIBERTY COUNSEL, Petitioner