Decided

No. 20-1088

David Carson, as Parent and Next Friend of O. C., et al. v. A. Pender Makin

from the United States Court of Appeals for the First Circuit

See other cases from the First Circuit.

Docket Entries

JUDGMENT ISSUED

Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Sotomayor, J., joined as to all but Part I–B. Sotomayor, J., filed a dissenting opinion.

Argued. For petitioners: Michael Bindas, Seattle, Wash. For respondent: Christopher C. Taub, Chief Deputy Attorney General, Augusta, Me.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Reply of petitioners David Carson, et al. filed. (Distributed)

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

Brief amici curiae of Maine School Management Association, et al. filed. (Distributed)

Brief amicus curiae of American Atheists, Inc. filed. (Distributed)

Brief amici curiae of The Freedom From Religion Foundation and Center for Inquiry filed. (Distributed)

Brief amicus curiae of Public Funds Public Schools filed.

Brief amicus curiae of United States filed. (Distributed)

Brief amici curiae of Virginia, California, Delaware, Massachusetts, Minnesota, New Mexico, New York, Oregon, Washington, and the District of Columbia filed. (Distributed)

Brief amici curiae of National Education Association, et al. filed. (Distributed)

Brief amici curiae of Advancement Project, et al. filed. (Distributed)

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

Brief amici curiae of Religious and Civil-Rights Organizations, et al. filed. (Distributed)

Brief amici curiae of Education and Constitutional Law Scholars filed. (Distributed)

Brief amici curiae of National School Boards Association, et al. filed. (Distributed)

CIRCULATED

Brief amicus curiae of State of Vermont filed. (Distributed)

Brief of respondent A. Pender Makin filed.

The record from the U.S.D.C. District Court of Maine is electronic and located on Pacer.

The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer also received is one envelope with the Joint Appendix.

Record requested from the U.S.C.A. 1st Circuit.

SET FOR ARGUMENT on Wednesday, December 8, 2021.

Brief amicus curiae of Professor Ashley R. Berner filed.

Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.

Brief amici curiae of The Southern Christian Leadership Conference - Memphis Chapter, et al. filed.

Brief amici curiae of EdChoice, et al. filed.

Brief amici curiae of Partnership for Inner-City Education, et al. filed.

Brief amicus curiae of Members of the United States Senate filed.

Brief amici curiae of Arkansas, et al.

Brief amicus curiae of The Buckeye Institute filed.

Brief amicus curiae of The Stanley M. Herzog Charitable Foundation filed.

Brief amicus curiae of The Cato Institute filed.

Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.

Brief amicus curiae of Hillsdale College filed.

Brief amicus curiae of Defense of Freedom Institute for Policy Studies, Inc. filed.

Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.

Brief amici curiae of Innovative Schools filed.

Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed.

Brief amici curiae of Concerned Women for America, et al. filed.

Brief amicus curiae of Independent Women's Law Center and Independent Women's Forum filed.

Brief amicus curiae of Pioneer Institute filed.

Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.

Brief amicus curiae of Advancing American Freedom filed.

Brief amicus curiae of Freedom X filed.

Brief amicus curiae of Protect the First Foundation filed.

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

Brief amici curiae of Americans for Prosperity Foundation, et al. filed.

Brief amicus curiae of Foundation for Moral Law filed.

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

Brief amici curiae of World Faith Foundation, et al. filed.

Joint appendix filed. (Statement of costs filed)

Brief of petitioners David Carson, et al. filed.

Blanket Consent filed by Respondent, A. Pender Makin

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondent's brief on the merits is extended to and including October 22, 2021.

Blanket Consent filed by Petitioner, David Carson, et al.

Motion for an extension of time to file the briefs on the merits filed.

Petition GRANTED.

DISTRIBUTED for Conference of 7/1/2021.

DISTRIBUTED for Conference of 6/24/2021.

Supplemental brief of petitioners David Carson, et al. filed. (Distributed)

Reply of petitioners David Carson, et al. filed.

Brief of respondent A. Pender Makin in opposition filed.

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

Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2021.

Motion to extend the time to file a response from April 21, 2021 to May 21, 2021, submitted to The Clerk.

Response Requested. (Due April 21, 2021)

DISTRIBUTED for Conference of 4/1/2021.

Brief amici curiae of States of Arkansas, et al. filed.

Brief amici curiae of Christian Legal Society filed.

Brief amici curiae of Liberty Justice Center,et al. filed.

Brief amicus curiae of EdChoice filed.

Brief amici curiae of Innovative Schools filed.

Brief amici curiae of Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America filed.

Brief amicus curiae of Jewish Coalition of Religious Liberty filed.

Brief amici curiae of National Legal Foundation, et al. filed.

Brief amicus curiae of Foundation for Moral Law filed. (Distributed)

Waiver of right of respondent A. Pender Makin to respond filed.

Brief amici curiae of Americans for Prosperity Foundation and yes. every kid. filed.

Blanket Consent filed by Petitioner, David Carson, et al.

Petition for a writ of certiorari filed. (Response due March 11, 2021)

Parties

David Carson, et al., Petitioner, represented by Michael Eugene Bindas

A. Pender Makin, Respondent, represented by Sarah Ann Forster

Amici Curiae

Advancement Project, Journey for Justice Alliance, Alliance for Educational Justice, Gsa Network, Amicus Curiae, represented by Kirk Christopher Jenkins

Advancing American Freedom, Amicus Curiae, represented by Matthew Jared Sheehan

American Atheists, Inc., Amicus Curiae, represented by Geoffrey Thomas Blackwell

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

Americans for Prosperity Foundation and yes. every kid., Amicus Curiae, represented by Cynthia Fleming Crawford

Americans for Prosperity Foundation; Yes. Every Kid., Amicus Curiae, represented by Cynthia Fleming Crawford

Brief for Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America, Amicus Curiae, represented by Michael Hugh McGinley

Christian Legal Society, et al.,, Amicus Curiae, represented by Kimberlee Wood Colby

Claremont Institute's Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso

Concerned Women for America, et al., Amicus Curiae, represented by Frederick W. Claybrook Jr.

Defense of Freedom Institute for Policy Studies, Inc., Amicus Curiae, represented by David Boies

EdChoice and Maine Policy Institute, Amicus Curiae, represented by Russell Charles Menyhart

EdChoice and Maine Policy Institute, Amicus Curiae, represented by Leslie Davis Hiner

Education and Constitutional Law Scholars, Amicus Curiae, represented by Michael Alan Brown

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

Freedom X, Amicus Curiae, represented by Mitchell Keiter

Georgia Goal Scholarship Program, Inc., Amicus Curiae, represented by James Patrick Kelly III

Hillsdale College, Amicus Curiae, represented by Paul Joseph Ray

Independent Women's Law Center and Independent Women's Forum, Amicus Curiae, represented by Edward Mark Wenger

Innovative Schools, Amicus Curiae, represented by Allyson Ho

Jewish Coalition of Religious Liberty, Amicus Curiae, represented by John J. Bursch

Liberty Justice Center, Amicus Curiae, represented by Daniel Robert Suhr

Maine School Management Association, Maine School Superintendents Association, Maine School Board Assocation, Amicus Curiae, represented by Eric Robert Herlan

Massachusetts, California, Delaware, Minnesota, New Mexico, New York, Oregon, Washington, and the District of Columbia, Amicus Curiae, represented by Elizabeth Napier Dewar

Members of the United States Senate, Amicus Curiae, represented by Joshua Daniel Davey

National Education Association, et al., Amicus Curiae, represented by Ramya Ravindran

National Jewish Commission on Law and Public Affairs (COLPA), Amicus Curiae, represented by Nathan Lewin

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

National School Boards Association et al., Amicus Curiae, represented by Francisco Maria Negron Jr.

Partnership for Inner-City Education, Council of Islamic Schools in North America, and National Council of Young Israel, Amicus Curiae, represented by Michael Hugh McGinley

Pioneer Institute, Amicus Curiae, represented by Michael Crow Gilleran

Professor Ashley R. Berner, Amicus Curiae, represented by Dominic Emil Draye

Professor Charles L. Glenn, Amicus Curiae, represented by Sarah Michelle Harris

Professor Michael W. McConnell, Amicus Curiae, represented by L. Martin Nussbaum

Protect the First Foundation, Amicus Curiae, represented by Gene Clayton Schaerr

Public Funds Public Schools, Amicus Curiae, represented by Richard A. Simpson

Religious and Civil-Rights Organizations (Americans United for Separation of Church and State, et al.), Amicus Curiae, represented by Alexander J. Luchenitser

States of Arkansas, Alabama, Arizona, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, and West Virginia, Amicus Curiae, represented by Nicholas Jacob Bronni

The Becket Fund for Religious Liberty, Amicus Curiae, represented by Eric Christopher Rassbach

The Buckeye Institute, Amicus Curiae, represented by Larry James Obhof Jr.

The Cato Institute, Amicus Curiae, represented by Ilya Shapiro

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

The Freedom From Religion Foundation and Center for Inquiry, Amicus Curiae, represented by Patrick C Elliott

The Southern Christian Leadership Conference - Memphis Chapter, Rev. Vernon Horner, Deborah L. Womack, Deacon George Womack, and Rev. Steven Joiner, Amicus Curiae, represented by Arthur Joseph Burke

The Stanley M. Herzog Charitable Foundation, Amicus Curiae, represented by Jonathan Philip Lienhard

The States of Arkansas, Alabama, Arizona, Georgia, Florida, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, and West Virginia, Amicus Curiae, represented by Nicholas Jacob Bronni

Union of Orthodox Jewish Congregations of America, Amicus Curiae, represented by Gordon Dwyer Todd

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

Virginia, Amicus Curiae, represented by Andrew Nathan Ferguson

World Faith Foundation and Institute for Faith and Family in Support, Amicus Curiae, represented by James L. Hirsen

 
Last updated: September 28, 2022