Decided

No. 19-267

Our Lady of Guadalupe School v. Agnes Morrissey-Berru

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. VIDED.

Argued. For petitioners: Eric C. Rassbach, Washington, D. C.; and Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.). For respondents: Jeffrey L. Fisher, Menlo Park, Cal. VIDED.

Reply of petitioners filed. VIDED. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.

Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. VIDED.

ORAL ARGUMENT POSTPONED. VIDED.

Brief amici curiae of National Employment Lawyers Association, et al. filed. VIDED. (Distributed)

Brief amici curiae of National Women's Law Center, et al. filed. VIDED. (Distributed)

Brief amici curiae of Clergy and Laity United for Economic Justice and Bet Tzedek filed. VIDED. (Distributed)

Brief amici curiae of Virginia, et al. filed. VIDED. (Distributed)

Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED.

Brief amici curiae of Center for Inquiry, Inc., et al. filed. VIDED. (Distributed)

Brief amici curiae of CHILD USA, et al. filed. VIDED. (Distributed)

Brief amici curiae of The Freedom From Religion Foundation, et al. filed. VIDED. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.

The record of the USCA 9th Circuit is available on Pacer.

Brief of respondents filed. VIDED. (Distributed)

Record requested from the U.S.C.A. 9th Circuit.

CIRCULATED

Brief amici curiae of Senator Mike Lee, et al. filed. VIDED.

Brief amicus curiae of United States filed. VIDED. (Distributed)

Brief amici curiae of Professors Douglas Laycock, et al. filed. VIDED.

Brief amicus curiae of Ethics and Public Policy Center filed. VIDED.

Brief amici curiae of Christian Legal Society, et al. filed. VIDED.

Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.

Brief amici curiae of The Association of Classical Christian Schools, et al., filed. VIDED.

Brief amicus curiae of Professor John D. Inazu filed. VIDED.

Brief amicus curiae of The Rutherford Institute filed. VIDED.

Brief amicus curiae of American Center for Law and Justice filed. VIDED.

Brief amici curiae of Columbia International University and Sixth Mount Zion Missionary Baptist Church filed. VIDED.

Brief amici curiae of Stephen Wise Temple and Milwaukee Jewish Day School filed. VIDED.

Brief amicus curiae of Partnership Schools filed. VIDED.

Brief amici curiae of American Civil Liberties Union, et al filed. VIDED.

Brief amicus curiae of United States filed. VIDED.

Brief amicus curiae of National Catholic Educational Association filed. VIDED.

Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed. VIDED.

Brief amici curiae of InterVarsity Christian Fellowship/USA, World Vision Inc., Young Life filed. VIDED.

Brief amicus curiae of Foundation for Moral Law filed. VIDED.

Joint appendix filed. (Statement of costs filed.) VIDED

Brief of petitioner Our Lady of Guadalupe School filed. VIDED

Blanket Consent filed by Petitioner, Our Lady of Guadalupe School. VIDED

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-267. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-267. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for a writ of certiorari in No. 19-348 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 12/13/2019.

Rescheduled.

Reply of petitioner Our Lady of Guadalupe School filed. (Distributed)

DISTRIBUTED for Conference of 11/15/2019.

Waiver of the 14-day waiting period under 15.5 filed.

Brief of respondent Agnes Morrissey-Berru in opposition filed.

Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2019.

Motion to extend the time to file a response from October 18, 2019 to October 28, 2019, submitted to The Clerk.

Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2019.

Brief amicus curiae of National Legal Foundation filed.

Brief amicus curiae of Stephen Wise Temple filed.

Brief amici curiae of General Conference of Seventh-day Adventists, et al. filed.

Brief amici curiae of Christian Legal Society et al. filed.

Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed.

Brief amici curiae of State of Alaska, et al. filed.

Brief amici curiae of Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America filed. VIDED

Brief amici curiae of Professors Douglas Laycock, et al. filed.

Motion to extend the time to file a response from September 30, 2019 to October 18, 2019, submitted to The Clerk.

Brief amicus curiae of The National Catholic Educational Association filed.

Petition for a writ of certiorari filed. (Response due September 30, 2019)

Application (19A80) granted by Justice Kagan extending the time to file until August 28, 2019.

Application (19A80) to extend the time to file a petition for a writ of certiorari from July 29, 2019 to August 28, 2019, submitted to Justice Kagan.

Parties

Our Lady of Guadalupe School, Petitioner, represented by Eric Christopher Rassbach

Agnes Morrissey-Berru, Respondent, represented by Jeffrey L. Fisher

Agnes Morrissey-Berru, Respondent, represented by Jennifer Anne Lipski

Agnes Morrissey-Berru, Respondent, represented by Jennifer A. Lipski

Amici Curiae

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

American Civil Liberties Union, et al, Amicus Curiae, represented by Heather Lynn Weaver

American Jewish Committee and United Synagogue of Conservative Judaism, Amicus Curiae, represented by Michael Hugh McGinley

Asma T. Uddin, Amicus Curiae, represented by Daniel Patrick Kearney Jr.

Billy Graham Evangelical Association, et al., Amicus Curiae, represented by Frederick W. Claybrook Jr.

Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso

Center for Inquiry, Amicus Curiae, represented by Edward Z. Tabash

CHILD USA et al., Amicus Curiae, represented by Leslie Carol Griffin

Christian Legal Society et al., Amicus Curiae, represented by Reed Neal Smith

Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America, Amicus Curiae, represented by Thomas Henderson Dupree Jr.

Clergy and Laity United for Economic Justice and Bet Tzedek, Amicus Curiae, represented by Ryan Hung-Hsi Wu

Columbia International University and Sixth Mount Zion Missionary Baptist Church, Amicus Curiae, represented by Christian Mark Poland

Ethics and Public Policy Center, Amicus Curiae, represented by Matthew T. Nelson

First Liberty Institute, Amicus Curiae, represented by Kelly J. Shackelford

Foundation for Moral Law, Amicus Curiae, represented by John Allen Eidsmoe

Franciscan University of Steubenville, Amicus Curiae, represented by Linda T. Coberly

General Conference of Seventh-day Adventists and Jewish Coalition for Religious Liberty, Amicus Curiae, represented by Eric D. McArthur

Independent Women's Law Center, Amicus Curiae, represented by Donald Manwell Falk

Inner Life Fund, Amicus Curiae, represented by James L. Hirsen

InterVarsity Christian Fellowship/USA, World Vision Inc., Young Life, Amicus Curiae, represented by Steffen Nathanael Johnson

Judicial Watch, Inc., Amicus Curiae, represented by James Forrest Peterson

National Catholic Educational Association, Amicus Curiae, represented by James A. Sonne

National Employment Lawyers Association et. al., Amicus Curiae, represented by Michael L. Foreman

National Legal Foundation, Amicus Curiae, represented by Frederick W. Claybrook Jr.

National Right to Work Legal Defense Foundation, Inc., Amicus Curiae, represented by Bruce N. Cameron

National Women's Law Center et al., Amicus Curiae, represented by Kevin K. Russell

Partnership Schools, Amicus Curiae, represented by John Patrick Elwood

Professor John D. Inazu, Amicus Curiae, represented by Zachary Guy Parks

Professors Douglas Laycock, et al., Amicus Curiae, represented by Victoria Dorfman

Senator Mike Lee, et al., Amicus Curiae, represented by Jesse Michael Panuccio

Stephen Wise Temple, Amicus Curiae, represented by Paul D. Clement

The Association of Classical Christian Schools, et al.,, Amicus Curiae, represented by Misha Tseytlin

The Christian and Missionary Alliance, et al., Amicus Curiae, represented by Stuart J. Lark

The Church of Jesus Christ of Latter-day Saints, et al., Amicus Curiae, represented by Richard Shawn Gunnarson

The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al., Amicus Curiae, represented by Sarah Michelle Harris

The Freedom From Religion Foundation, Amicus Curiae, represented by Patrick C Elliott

The National Catholic Educational Association, Amicus Curiae, represented by Thomas William Parker Douglas

The Rutherford Institute, Amicus Curiae, represented by John W. Whitehead

Torah Umesorah, Amicus Curiae, represented by Igor Victor Timofeyev

United States, Amicus Curiae, represented by Jeffrey Bryan Wall

United States Conference of Catholic Bishops, Amicus Curiae, represented by Aaron Michael Streett

Virginia, et al., Amicus Curiae, represented by Toby Jay Heytens

 
Last updated: July 9, 2020