No. 22-181

Resurrection School, et al. v. Elizabeth Hertel, Director, Michigan Department of Health and Human Services, et al.

Lower Court: Sixth Circuit
Docketed: 2022-08-29
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: capable-of-repetition-yet-evading-review circuit-conflict constitutional-claims government-defendants judicial-review mootness mootness-doctrine presumption-of-good-faith voluntary-cessation
Latest Conference: 2022-10-28
Question Presented (from Petition)

1. Whether under the voluntary cessation exception to mootness a government must satisfy the "absolutely clear" standard and, if not, to what extent should the government be treated differently from private defendants?

2. Whether the government is owed a presumption of good faith under the voluntary cessation exception to mootness when it retains the authority and interest to reimpose its challenged policy?

3. Whether a claim is capable of repetition yet evading review when the government retains the authority to re-issue a restriction that imposes the same harm in the same way?

Question Presented (AI Summary)

Whether government defendants must satisfy the 'absolutely clear' standard under the voluntary cessation exception to mootness

Docket Entries

2022-10-31
Petition DENIED.
2022-10-12
DISTRIBUTED for Conference of 10/28/2022.
2022-09-28
Brief amici curiae of California Rental Housing Association, et al. filed.
2022-09-26
Waiver of right of respondents Linda Vail, Ingham County Health Officer; and Carol A. Siemon, Ingham County Prosecuting Attorney to respond filed.
2022-09-13
Waiver of right of respondent Elizabeth Hertel, Director, Michigan Department of Health and Human Services to respond filed.
2022-09-08
Waiver of right of respondent Dana Nessel, in her official capacity as Attorney General of the State of Michigan to respond filed.
2022-08-23
Petition for a writ of certiorari filed. (Response due September 28, 2022)

Attorneys

California Rental Housing Association, et al.
Paul J. Beard IIFisherBroyles LLP, Amicus
Dana Nessel, in her official capacity as Attorney General of the State of Michigan
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Elizabeth Hertel, Director, Michigan Department of Health and Human Services
Daniel J. PingMichigan Department of Attorney General, Respondent
Linda Vail, Ingham County Health Officer; and Carol A. Siemon, Ingham County Prosecuting Attorney
Bonnie G. ToskeyCohl, Stoker & Toskey, P.C., Respondent
Resurrection School, et al.
Erin Elizabeth MersinoThomas More Law Center, Petitioner