Decided

No. 21-418

Joseph A. Kennedy v. Bremerton School District

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED

Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined, and in which Kavanaugh, J., joined, except as to Part III–B. Thomas, J., and Alito, J., filed concurring opinions. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined.

Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Richard B. Katskee, Washington, D. C.

Reply of petitioner Joseph A. Kennedy filed. (Distributed)

Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument DENIED.

Brief amici curiae of American Civil Liberties Union and ACLU of Washington filed. (Distributed)

Brief amicus curiae of Washington State School Directors' Association filed. (Distributed)

Brief amici curiae of Jo Ann Magistro and Alan Brodman filed. (Distributed)

Brief amici curiae of City, county, and local public employer organizations filed. (Distributed)

Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument filed.

Brief amici curiae of New York, et al. filed. (Distributed)

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

Brief amici curiae of Forum on the Military Chaplaincy and Former Members of the Military and Military Chaplaincies filed. (Distributed)

Brief amici curiae of AASA, The School Superintendents Association, et al. filed. (Distributed)

Brief amici curiae of Religious and Denominational Organizations and Bremerton-Area Clergy filed. (Distributed)

Brief amici curiae of Members of the U.S. House of Representatives filed. (Distributed)

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

Brief amicus curiae of California School Boards Association and its Education Legal Alliance filed. (Distributed)

Brief amici curiae of Psychology and Neuroscience Scholars filed. (Distributed)

Brief amicus curiae of Robert D. Kamenshine filed. (Distributed)

Brief amici curiae of Former Professional Football Players Obafemi D. Ayanbadejo, Sr., et al. filed. (Distributed)

Brief amici curiae of Washington State Charter Schools Association and California Charter Schools Association filed. (Distributed)

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

Brief amici curiae of Church-State Scholars filed. (Distributed)

Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)

Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. (Distributed)

Brief amici curiae of Bremerton Community Members - BHS Football Team Alumnus, Parents, Community Leaders, and Educators filed. (Distributed)

Brief of respondent Bremerton School District filed. (Distributed)

CIRCULATED

The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.

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

ARGUMENT SET FOR Monday, April 25, 2022.

Brief amicus curiae of Americans for Prosperity Foundation filed.

Brief amicus curiae of The America First Policy Institute filed.

Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed.

Brief amicus curiae of America First Legal Foundation filed.

Brief amicus curiae of Foundation for Individual Rights in Education filed.

Brief amici curiae of Former Attorneys General, Edwin Meese II, et al. filed.

Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.

Brief amicus curiae of Liberty Counsel filed.

Brief amici curiae of Members of Congress filed.

Brief amicus curiae of Galen Black filed.

Brief amicus curiae of The American Cornerstone Institute filed.

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

Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.

Brief amicus curiae of Coach Tommy Bowden filed.

Brief amici curiae of Advancing American Freedom, Young America's Foundation, and 39 Additional Organizations and Individuals filed. (03/24/2022). (Distributed)

Brief amicus curiae of Protect The First Foundation filed.

Brief amici curiae of Twenty-Seven States filed.

Brief amicus curiae of Christian Legal Society filed.

Brief amici curiae of Ethics and Religious Liberty Commission of the Southern Baptist Convention filed.

Brief amici curiae of Kirk Cousins, et al. filed.

Brief amici curiae of Elisabeth P. DeVos and Defense of Freedom Institute for Policy Studies filed.

Brief amicus curiae of United States Conference of Catholic Bishops filed.

Brief amicus curiae of The Rutherford Institute filed.

Brief amicus curiae of The American Legion filed.

Brief amici curiae of Advancing American Freedom, Young America’s Foundation, and 42 Additional Organizations and Individuals filed (3/18/22 brief and PDF to be corrected and resubmitted.)

Brief amicus curiae of Notre Dame Law School Religious Liberty Initiative filed.

Brief amici curiae of Mountain States Legal Foundation and Southeastern Legal Foundation filed.

Brief amici curiae of Current State Legislators filed.

Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed.

Brief amicus curiae of Thomas More Society filed.

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

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

Reply in Support of Suggestion of Mootness filed. (Distributed)

Brief amicus curiae of Darrell Green filed.

Response to Suggestion of mootness filed. (Distributed)

Brief amicus curiae of American Constitutional Rights Union filed.

Brief of petitioner Joseph A. Kennedy filed.

Joint appendix filed (statement of costs filed).

Brief amicus curiae of Foundation for Moral Law filed.

Brief amicus curiae of Liberty Justice Center filed.

Suggestion of mootness filed by respondent Bremerton School District. (Distributed)

Brief amicus curiae of Alabama Center for Law and Liberty filed.

Blanket Consent filed by Petitioner, Joseph A. Kennedy

Blanket Consent filed by Respondent, Bremerton School District

Petition GRANTED.

DISTRIBUTED for Conference of 1/14/2022.

DISTRIBUTED for Conference of 1/7/2022.

Reply of petitioner Joseph A. Kennedy filed. (Distributed)

Brief of respondent Bremerton School District in opposition filed.

Brief amici curiae of Members of Congress filed.

Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.

Brief amicus curiae of Galen Black filed.

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

Brief amicus curiae of Pennsylvania Family Institute filed.

Brief amici curiae of Twenty-Four States filed.

Brief amici curiae of Advancing American Freedom, et al. filed.

Brief amicus curiae of Coach Tommy Bowden filed.

Brief amici curiae of Current State Legislators filed.

Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.

Blanket Consent filed by Respondent, Bremerton School District

Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2021.

Motion to extend the time to file a response from October 18, 2021 to December 7, 2021, submitted to The Clerk.

Blanket Consent filed by Petitioner, Joseph A. Kennedy

Petition for a writ of certiorari filed. (Response due October 18, 2021)

Parties

Joseph A. Kennedy, Petitioner, represented by Paul D. Clement

Bremerton School District, Respondent, represented by Richard Brian Katskee

Amici Curiae

AASA, The School Superintendents Association, et al., Amicus Curiae, represented by Charles Rothfeld

Advancing American Freedom, Young America's Foundation, Alliance Defending Freedom, and 69 Additional Organizations and Individuals, Amicus Curiae, represented by Matthew Jared Sheehan

Advancing American Freedom, Young America's Foundation, and 39 Additional Organizations and Individuals, Amicus Curiae, represented by Matthew Jared Sheehan

Alabama Center for Law and Liberty, Amicus Curiae, represented by Matthew James Clark

America First Legal Foundation, Amicus Curiae, represented by Jonathan F. Mitchell

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

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

American Civil Liberties Union and ACLU of Washington, Amicus Curiae, represented by Kathleen Roberta Hartnett

American Constitutionals Rights Union, Amicus Curiae, represented by John Joseph Park Jr.

Americans for Prosperity Foundation, Amicus Curiae, represented by Cynthia Fleming Crawford

Baptist Joint Committee for Religious Liberty, et al., Amicus Curiae, represented by Harold Douglas Laycock

Bremerton Community Members - BHS Football Team Alumnus, Parents, Community Leaders, and Educators, Amicus Curiae, represented by Andrew David Levy

California School Boards Association and its Education Legal Alliance, Amicus Curiae, represented by Mark Robert Bresee

Chaplain Alliance For Religious Liberty, Amicus Curiae, represented by John Patrick Elwood

Christian Legal Society, Amicus Curiae, represented by Thomas Ryan McCarthy

Church-State Scholars, Amicus Curiae, represented by Joshua Adam Matz

City, County, and Local Public Employer Organizations, Amicus Curiae, represented by Michael R. Dreeben

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

Coach Tommy Bowden, Amicus Curiae, represented by Adam Michael Foslid

Current State Legislators, Amicus Curiae, represented by Ryan Anthony Kriegshauser

Darrell Green, Amicus Curiae, represented by William Wagner

Elisabeth P. DeVos and Defense of Freedom Institute for Policy Studies, Amicus Curiae, represented by Matthew Theodore Martens

Ethics and Religious Liberty Commission of the Southern Baptist Convention, Amicus Curiae, represented by Frederick W. Claybrook Jr.

Family Policy Alliance and State Family Policy Councils, Amicus Curiae, represented by Randall L. Wenger

Former Attorneys General, Edwin Meese II, et al., Amicus Curiae, represented by Prerak Shah

Former Professional Football Players Obafemi D. Ayanbadejo, Sr., Christopher J. Kluwe, and Frank T. Lambert, and Various Collegiate Athletes and Coaches, Amicus Curiae, represented by David Morris Gossett

Former Professional Football Players Steve Largent and Chad Hennings, Amicus Curiae, represented by Gordon Dwyer Todd

Forum on the Military Chaplaincy and Former Members of the Military and Military Chaplaincies, Amicus Curiae, represented by Jonathan K. Youngwood

Foundation for Individual Rights in Education, Amicus Curiae, represented by Darpana M. Sheth

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

Galen Black, Amicus Curiae, represented by Steven Timothy Collis

Jewish Coalition for Religious Liberty, et al., Amicus Curiae, represented by Howard Nathan Slugh

Jo Ann Magistro and Alan Brodman, Amicus Curiae, represented by Bruce Philip Merenstein

Kirk Cousins, Joe DeLamielleure, Nick Foles, Phil Olsen, Christian Ponder, Drew Stanton, Harry Swayne, and Jack Youngblood, Amicus Curiae, represented by Steffen Nathanael Johnson

Lambda Legal Defense and Education Fund, Inc., Human Rights Campaign, COLAGE, Family Equality California, GLSEN, Keshet, PFLAG, Equality California, Amicus Curiae, represented by Thomas A. Zaccaro

Liberty Counsel, Amicus Curiae, represented by Mathew D. Staver

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

Members of Congress, Amicus Curiae, represented by Donald Francis McGahn II

Members of the U.S. House of Representatives, Amicus Curiae, represented by Asim M. Bhansali

Mountain States Legal Foundation and Southeastern Legal Foundation, Amicus Curiae, represented by Cody James Wisniewski

National Education Association et al., Amicus Curiae, represented by Alice Margaret O'Brien

Notre Dame Law School Religious Liberty Initiative, Amicus Curiae, represented by Michael Hugh McGinley

Pennsylvania Family Institute, Amicus Curiae, represented by Randall L. Wenger

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

Psychology and Neuroscience Scholars, Amicus Curiae, represented by Mark W. Mosier

Religious and Denominational Organizations and Bremerton-Area Clergy, Amicus Curiae, represented by Gregory M. Lipper

Robert D. Kamenshine, Amicus Curiae, represented by Robert D Kamenshine

States of New York, California, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, and Oregon, and the District of Columbia, Amicus Curiae, represented by Barbara Dale Underwood

The America First Policy Institute, Amicus Curiae, represented by James Stuart Castiglione Baehr

The American Cornerstone Institute, Amicus Curiae, represented by Edward Mark Wenger

The American Legion, Amicus Curiae, represented by Noel John Francisco

The Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al., Amicus Curiae, represented by Frederick W. Claybrook Jr.

The Freedom From Religion Foundation, Center for Inquiry, American Humanist Association, and Secular Coalition for America, Amicus Curiae, represented by Patrick C Elliott

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

Thomas More Society, Amicus Curiae, represented by Maura Katherine Quinlan

Twenty-Four States, Amicus Curiae, represented by Katherine Elizabeth Demarest

Twenty-Seven States, Amicus Curiae, represented by Michael Shawn Catlett

United States Conference of Catholic Bishops, Amicus Curiae, represented by Lori Halstead Windham

Washington State Charter Schools Association, California Charter Schools Association, Amicus Curiae, represented by Christopher Anderson Brook

Washington State School Directors' Association, Amicus Curiae, represented by Douglas Harry Hallward-Driemeier

World Faith Foundation, et al., Amicus Curiae, represented by James L. Hirsen

 
Last updated: November 27, 2022