LEGAL UPDATE – KANE / KEIL / NYFRL Will Not Appeal to Second SCOTUS Justice After Sotomayor Denial

by Michael Kane

11-20-22

This does not mean we won’t be back to SCOTUS. We may.

The KANE / KEIL / NYFRL cases recently filed an emergency appeal to the Supreme Court of the United States (SCOTUS). That appeal went to Justice Sotomayor who denied it. I had originally thought this meant our attorneys would file with a second SCOTUS Justice, but my attorney Sujata Gibson informed me that is not going to happen.

Our attorneys do have the right to refile their emergency appeal with a second SCOUTS Justice, but they have deliberately decided not to do so. This a strategic tactic due to the fact that our cases are still in the 2nd Circuit Court of Appeals.

KANE / KEIL / NYFRL should be scheduled for oral argument on the merits sometime in December as the case is operating on an expedited basis. Stay tuned to http://www.TeachersforChoice.org for updates regarding when this court date will occur.

It is of interest to me that even though Justice Sotomayor denied our appeal, I am sure she is now fully aware that ALLIANCE DEFENDING FREEDOM (ADF) is co-counsel on our case. ADF fought, and won, the controversial Masterpiece Bakery Case in SCOTUS (among other victories). This case was also related to religious liberties, just as KANE / KEIL / NYFRL are. ADF won a 7-2 victory which is a significant bi-partisan majority. One of the Justices who surprisingly ruled in favor of ADF’s petition in Masterpiece Bakery was Justice Sonia Sotomayor.

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Federal cases: Kane v. De Blasio, Keil v. NYC, New Yorkers for Religious Liberty (NYFRL) v. NYC: all have been consolidated

All three cases are challenging NYC’s religious exemption to vaccination process for workers as illegal and unconstitutional.

Co-Counsels: Children’s Health Defense, Gibson Law Firm, Nelson Madden Black, Alliance Defending Freedom