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Morris County Board of Chosen Freeholders v. Freedom From Religion Foundation

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Petition for certiorari denied on March 4, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-364 N.J. N/A N/A N/A N/A OT 2018

Issues: (1) Whether using generally available historic preservation funds to repair or restore a house of worship constitutes a “religious use” that falls outside the scope of Trinity Lutheran Church of Columbia Inc. v. Comer; and (2) whether the categorial exclusion of all active houses of worship from historic preservation grants violates Trinity Lutheran and the First Amendment as an exclusion based on religious status.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 27 2018Application (18A105) to extend the time to file a petition for a writ of certiorari from August 19, 2018 to September 19, 2018, submitted to Justice Alito.
Jul 31 2018Application (18A105) granted by Justice Alito extending the time to file until September 18, 2018.
Sep 18 2018Petition for a writ of certiorari filed. (Response due October 22, 2018)
Oct 01 2018Motion to extend the time to file a response from October 22, 2018 to November 26, 2018, submitted to The Clerk.
Oct 09 2018Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2018.
Oct 22 2018Brief amicus curiae of National Trust for Historic Preservation filed.
Oct 22 2018Brief amicus curiae of International Municipal Lawyers Association filed.
Nov 26 2018Brief of respondents Freedom From Religion Foundation, et al. in opposition filed. VIDED.
Dec 10 2018Reply of petitioner Morris County Board of Chosen Freeholders filed.
Dec 12 2018DISTRIBUTED for Conference of 1/4/2019.
Dec 21 2018Supplemental brief of petitioners Morris County Board of Chosen Freeholders, et al. filed. (Distributed)
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019DISTRIBUTED for Conference of 2/22/2019.
Feb 25 2019DISTRIBUTED for Conference of 3/1/2019.
Mar 04 2019Petition DENIED. Statement of Justice Kavanaugh, with whom Justice Alito and Justice Gorsuch join, respecting the denial of certiorari. (Detached Opinion). VIDED.