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

by Michael Kane


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 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.


Federal cases: Kane v. De BlasioKeil v. NYCNew 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

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

  1. The law is an exact science and if applied correctly, no justice can denie a brief, motion or argument before them. Remember “Judges took an oath under the constitution to defend, protect and uphold the laws and the rights of the people” It is treasonous to violate the very constitution that was made to protect the rights given to us by God. It is a CRIME for any GOVERNMENT, ELECTED OFFICIALS, or ANYONE to violate The Nuremberg code, Human Rights Laws, The United Nations Charter and The Constitution of These United States. Also the Civil Rights Act of 1964.



Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: