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Resurrection School v. Hertel

Petition for certiorari denied on October 31, 2022
Docket No. Op. Below Argument Opinion Vote Author Term
22-181 6th Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether under the voluntary cessation exception to mootness a government must satisfy the “absolutely clear” standard and, if not, to what extent the government should 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 re-impose its challenged policy; and (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.

SCOTUSblog Coverage

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