No. 20-385

Judy Doe v. Michael L. Parson, Governor of Missouri, et al.

Lower Court: Eighth Circuit
Docketed: 2020-09-24
Status: Denied
Type: Paid
Response Waived
Tags: abortion abortion-rights constitutional-challenge due-process establishment-clause free-exercise free-exercise-clause religious-belief religious-liberty undue-burden undue-burden-standard
Latest Conference: 2020-11-20
Question Presented (from Petition)

1. Is the Establishment Clause violated by
the proclamation in an abortion statute that "The life of
each human being begins at conception. Abortion will
terminate the life of a separate, unique, living human
being?"

2. Can a State constitutionally compel a
woman seeking an abortion to acknowledge receipt of
the proclamation "The life of each human being begins
at conception. Abortion will terminate the life of a
separate, unique, living human being" as a condition for
getting an abortion when her religious belief is the nonviable fetus is not a human being but rather part of her
body that can, in good conscience, be removed on
demand without regard to its current or future
condition?

3. Can a State can constitutionally compel a
woman seeking an abortion to submit to a three day
waiting period whose only purpose is to promote her
consideration of the State's proclamation that "The life
of each human being begins at conception. Abortion will
terminate the life of a separate, unique, living human
being" when her religious belief is the non-viable fetus
is not a human being but rather part of her body that
can, in good conscience, be removed on demand without
regard to its current or future condition?

4. Does the undue burden analysis of
Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833
(1992) ("Casey") or the rational basis analysis of
Employment Div., Dep't of Human Res. of Oregon v.
Smith, 494 U.S. 872 (1990) ("Smith") apply to a claim an
abortion statute violates the Free Exercise clause?

5. Must a complaint alleging a violation of 42
U.S.C. §1983 by an abortion statute also explicitly
allege an "undue burden" - rather than a "substantial
burden" - to state a claim the statute violates the
Constitutional standards articulated in Casey?

Question Presented (AI Summary)

Is the Establishment Clause violated by the proclamation that 'The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being?'

Docket Entries

2020-11-23
Petition DENIED.
2020-11-18
Response to request for recusal received.
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-10-30
Request for recusal from counsel for petitioner received. (Distributed)
2020-10-06
Waiver of right of respondent Michael L. Parson to respond filed.
2020-09-16
Petition for a writ of certiorari filed. (Response due October 26, 2020)

Attorneys

Judy Doe
W. James MacNaughtonW. James Mac Naughton Esq., Petitioner
Michael L. Parson
D. John SauerOffice of the Attorney General, Respondent