No. 18-336

Thaddeus Jones, et al. v. Michelle Markiewicz-Qualkinbush, et al.

Lower Court: Seventh Circuit
Docketed: 2018-09-14
Status: Denied
Type: Paid
Tags: 15th-amendment 1st-amendment class-of-one constitutional-challenge Engquist equal-protection first-amendment municipal-referendum political-animus referendum-rights strict-scrutiny
Latest Conference: 2018-11-16
Question Presented (from Petition)

1. Whether the reasoning and decision of Engquist v. Oregon Department of Agriculture, 553 U.S. 591 (2008), extends to the political context, where political animus is the basis for a class-of-one equal protection cause of action, thereby exempting or precluding such class-of-one equal protection causes of action.

2. Whether a facially-neutral statute, when purposefully utilized by a municipality as a "political dirty trick" to preclude an individual citizen's competing referendum question from appearing on the ballot, is unconstitutional as applied, as it infringes on citizens' First Amendment rights, and therefore requires a strict scrutiny analysis.

Question Presented (AI Summary)

Whether the reasoning and decision of Engquist v. Oregon Department of Agriculture extends to the political context, precluding class-of-one equal protection claims

Docket Entries

2018-11-19
Petition DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-12
Brief of respondents Michelle Markiewicz-Qualkinbush, et al. in opposition filed.
2018-09-12
Petition for a writ of certiorari filed. (Response due October 15, 2018)

Attorneys

Michelle Markiewicz-Qualkinbush, et al.
Burton S. OdelsonOdelson & Sterk, Ltd., Respondent
Thaddeus Jones, et al.
Keri-Lyn Joy KraftheferAncel Glink, Petitioner