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Patterson v. Walgreen Co.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-349 11th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether an accommodation that merely lessens or has the potential to eliminate the conflict between work and religious practice is “reasonable” per se, as the U.S. Courts of Appeals for the 1st, 4th and 11th Circuits hold; does it instead create a jury question, as the U.S. Courts of Appeals for the 8th and 10th Circuits hold; or must an accommodation fully eliminate the conflict in order to be “reasonable” as the U.S. Courts of Appeals for the 2nd, 7th and 9th Circuits hold; (2) whether speculation about possible future burdens is sufficient to meet the employer’s burden in establishing “undue hardship,” as the U.S. Courts of Appeals for the 5th, 6th and 11th Circuits hold, or must the employer demonstrate an actual burden, as the U.S. Courts of Appeals for the 4th, 8th, 9th and 10th Circuits hold; and (3) whether the portion of TWA v. Hardison opining that “undue hardship” simply means something more than a “de minimis cost” should be disavowed or overruled.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 11 2018Application (18A50) to extend the time to file a petition for a writ of certiorari from July 25, 2018 to August 24, 2018, submitted to Justice Thomas.
Jul 19 2018Application (18A50) granted by Justice Thomas extending the time to file until August 24, 2018.
Aug 13 2018Application (18A50) to extend further the time from August 24, 2018 to September 14, 2018, submitted to Justice Thomas.
Aug 16 2018Application (18A50) granted by Justice Thomas extending the time to file until September 14, 2018.
Sep 14 2018Petition for a writ of certiorari filed. (Response due October 17, 2018)
Sep 18 2018Blanket Consent filed by Petitioner, Darrell Patterson.
Oct 08 2018Waiver of right of respondent Walgreen Co. to respond filed.
Oct 15 2018Brief amicus curiae of Founders' First Freedom, Inc. filed.
Oct 17 2018Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
Oct 17 2018Brief amicus curiae of Robert P. Roesser filed.
Oct 17 2018Brief amici curiae of Christian Legal Society, et al. filed.
Oct 17 2018Brief amici curiae of Church of Jesus Christ of Latter-Day Saints; et al. filed.
Oct 24 2018DISTRIBUTED for Conference of 11/9/2018.
Oct 29 2018Response Requested. (Due November 28, 2018)
 
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