Law Offices of Robin Bresky Files Petition for Writ of Certiorari in U.S. Supreme Court

Custody5

September 2017

Attorneys Robin Bresky and Jeremy Dicker recently prepared a Petition for Writ of Certiorari that was filed in the Supreme Court of the United States. The Petition seeks to have the Court review a state’s decision to terminate the Petitioner’s parental rights of her child.

Because the state’s decision came from a state supreme court, which is the tribunal of last resort in that state, the only court that can reverse or modify its decision is the United States Supreme Court. The termination of parental rights was ordered under a state statute, but our Petition for Writ of Certiorari argues that the U.S. Supreme Court can and should exercise jurisdiction because at each stage of the state court proceedings the Petitioner preserved a federal constitutional challenge to the state law governing the termination of parental rights.

Our Petition asserts that the state violated the parent’s fundamental due process rights protected under the Fourteenth Amendment to the United States Constitution when it terminated her parental rights under certain unfair conditions. We are currently waiting for the State to respond to our Petition, although some respondents do not file a response because it is not usually necessary unless a Justice requests a response.

To consider the numerous petitions received each year, seven of the nine Justices participate in a process known as the “cert pool” in which one random-assigned law clerk—drawn from a pool of the law clerks of those seven participating Justices—reviews each petition and prepares a memorandum with a summary of the issues and a recommendation regarding whether the participating Justices should vote to accept the case. (As the other two Justices do not participate in the cert pool, their law clerks must review every petition separately). The law clerks are lawyers who typically have graduated at the top of their class at the best law schools. Many of them serve a year or more as a judicial clerk for a federal judge before being hired by a Justice of the Supreme Court.

The United States Supreme Court is the highest tribunal in the nation for all cases and controversies arising under the Constitution or the laws of the United States. The entrance bears the inscription “EQUAL JUSTICE UNDER LAW” as a reminder of its solemn responsibility as the  guardian and interpreter of the Constitution and the final arbiter of the law. The Court usually receives about 8,000 petitions annually and generally accepts about one percent of the cases. Four of the nine Justices must vote to accept a case. We hope that will occur in this case.