No. 20-6538

Gabriel Schmitt v. Charlie Baker, Governor of Massachusetts

Lower Court: First Circuit
Docketed: 2020-12-04
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights due-process first-amendment police-power public-health public-health-emergency service-of-process standing substitute-service
Latest Conference: 2021-02-19
Question Presented (from Petition)

1. May a state governor close the state house of that state's congressional body to the public, in addition
to all of his offices, such that there is no way for any individual to serve him with a summons to a civil
action which alleges that such behavior (in addition to any other restrictions on said individual's
constitutional rights) is a violation of first amendment rights (including the right to be able to petition
for redress of grievances)? If a governor may do such a thing with the stated intention of protecting the
public health, may the aforementioned individual be granted the right to serve the governor with
substitute service (in sted of R. Civ. P. 4) as defined by Transamerica Corp v. Transamerica
Multiservices Inc. et al. No. 118 CV 22483 due to the fact that as a defendant he is preventing a
summons from being served on himself by his actions?

2. May a state governor violate the constitutional rights of his state's citizens using the police power
and fines by relying on data from the Center for Disease Control and the World Health Organization,
both of whom are biased in favor of large pharmaceutical companies, donors and other funding sources?
If a governor may do so, is it allowable that he should be able to rely on data regarding the spread of an
accute respiratory illness which is collected in a non-standardized and innacurate way, through the use
of PCR tests, Serology tests, and doctor's assesments, none of which are verifiably accurate or have
been proven consistent amongst each other previously for the purpose of proving that such a disease is
rapidly spreading and hence a threat to the public health? If a governor may do both of the
aforementioned actions, is it allowable that he should be able to limit the free practice of religion based
on said information despite the fact that courts have previously ruled in Yoder v. Wisconsin that only a
state interest of the highest order can be grounds for obstructing the first ammendment right to practice
religion?

Question Presented (AI Summary)

May a state governor close the state house and prevent service of process on civil rights claims?

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2020-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)

Attorneys

Gabriel Schmitt
Gabriel Schmitt — Petitioner