No. 22-1208

Ursula Newell-Davis, et al. v. Courtney N. Phillips, in Her Official Capacity as Secretary of the Louisiana Department of Health, et al.

Lower Court: Fifth Circuit
Docketed: 2023-06-14
Status: Denied
Type: Paid
Amici (5)Response Waived
Tags: due-process equal-protection fourteenth-amendment occupation-rights privileges-or-immunities rational-basis regulatory-burden right-to-occupation slaughter-house-cases
Key Terms:
AdministrativeLaw Antitrust DueProcess JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether the state may deny equal protection of the laws and exclude people from a trade for the sole purpose of easing its regulatory burden, or whether restrictions on the right to enter a common and lawful occupation require more scrutiny?

2. Whether this Court should overrule the Slaughter-House Cases and hold that the right to enter a common and lawful occupation is a privilege or immunity protected by the Fourteenth Amendment?

Question Presented (AI Summary)

Whether the state may deny equal protection of the laws and exclude people from a trade for the sole purpose of easing its regulatory burden, or whether restrictions on the right to enter a common and lawful occupation require more scrutiny?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-14
Brief amicus curiae of New England Legal Foundation filed. (Distributed)
2023-07-14
Brief amici curiae of Professor Steven G. Calabresi, et al. filed. (Distributed)
2023-07-14
2023-07-13
Brief amicus curiae of Americans for Prosperity Foundation filed. (Distributed)
2023-07-13
2023-06-28
DISTRIBUTED for Conference of 9/26/2023.
2023-06-20
Waiver of right of respondent Courtney N. Phillips, et al. to respond filed.
2023-06-12
2023-02-23
Application (22A764) granted by Justice Alito extending the time to file until June 12, 2023.
2023-02-16
Application (22A764) to extend the time to file a petition for a writ of certiorari from May 11, 2023 to July 10, 2023, submitted to Justice Alito.

Attorneys

Americans for Prosperity Foundation
Michael David PepsonAmericans for Prosperity Foundation, Amicus
Courtney N. Phillips, et al.
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent
Goldwater Institute
Timothy Mason SandefurGoldwater Institute, Amicus
Institute for Justice
Jaimie CavanaughInstitute for Justice, Amicus
New England Legal Foundation
John PagliaroThe New England Legal Foundation, Amicus
Professor Steven G. Calabresi, Professor Christopher R. Green, Cardinal Institute for West Virginia Policy, the Georgia Public Policy Foundation, and the Palmetto Promise Institute
Christopher Raymond Green — Amicus
Ursula Newell-Davis, et al.
Lawrence G. SalzmanPacific Legal Foundation, Petitioner