No. 22-241

Marie Farrell, et al. v. Kathleen Hochul, Governor of New York, et al.

Lower Court: Second Circuit
Docketed: 2022-09-14
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights disabilities-education due-process executive-agency executive-power idea individuals-with-disabilities-education-act injunction-standard pendency-provision public-interest school-mask-mandate state-executive-power
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2022-11-10
Question Presented (from Petition)

Where the State Executive utilizes its executive agencies (i.e. the New York State Department of Health) to promulgate a law, namely, the State-wide school mask mandate, that directly conflicts with the Individuals with Disabilities Education Act (IDEA) and the Pendency Provision under 20 U.S.C. §1415(j), have Petitioners shown (1) a likelihood of success on the merits, (2) irreparable harm, and (3) that an injunction is in the public interest?

Question Presented (AI Summary)

Whether the State Executive's promulgation of a statewide school mask mandate that conflicts with the Individuals with Disabilities Education Act (IDEA) and the Pendency Provision under 20 U.S.C. §1415(j) satisfies the requirements for a preliminary injunction, including likelihood of success on the merits, irreparable harm, and the public interest

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-04
Waiver of right of respondents Kathleen Hochul; Howard Zucker; Betty Rosa; Lester Young, Jr.; New York State Dep't of Health; New York State Department of Education; New York State Board of Regents to respond filed.
2022-09-30
Waiver of right of respondents Eric Adams, Ashwin Vasan, David C. Banks, New York City Department of Education, and New York City Department of Health to respond filed.
2022-09-08

Attorneys

Eric Adams, Ashwin Vasan, David C. Banks, New York City Department of Education, and New York City Department of Health
Amy McCamphillNew York City Law Department, Respondent
Kathleen Hochul; Howard Zucker; Betty Rosa; Lester Young, Jr.; New York State Dep't of Health; New York State Department of Education; New York State Board of Regents.
Barbara Dale UnderwoodSolicitor General, Respondent
Marie Farrell, et al.
Rory J. BellantoniBrain Injury Rights Group, Ltd., Petitioner