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Klein v. Oregon Bureau of Labor and Industries

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Petition granted, judgment vacated and case remanded for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission on June 17, 2019.
Docket No. Op. Below Argument Opinion Vote Author Term
18-547 Or. Ct. App. N/A N/A N/A N/A OT 2018

Issues: (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 06 2018Application (18A246) to extend the time to file a petition for a writ of certiorari from September 19, 2018 to October 19, 2018, submitted to The Chief Justice.
Sep 12 2018Application (18A246) granted by The Chief Justice extending the time to file until October 19, 2018.
Oct 19 2018Petition for a writ of certiorari filed. (Response due November 26, 2018)
Oct 31 2018Blanket Consent filed by Respondent, Oregon Bureau of Labor and Industries.
Nov 08 2018Blanket Consent filed by Petitioners, Melissa Elaine Klein, et vir.
Nov 14 2018Brief amicus curiae of Institute for Faith and Family filed.
Nov 15 2018Motion to extend the time to file a response from November 26, 2018 to December 26, 2018, submitted to The Clerk.
Nov 16 2018Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2018.
Nov 21 2018Brief amicus curiae of Pacific Legal Foundation filed.
Nov 21 2018Brief amicus curiae of Southeastern Legal Foundation filed.
Nov 26 2018Brief amicus curiae of Foundation for Moral Law filed.
Nov 26 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Nov 26 2018Brief amicus curiae of Thomas More Society filed.
Nov 26 2018Brief amici curiae of The States of Texas, et al. filed.
Nov 26 2018Brief amici curiae of The Cato Institute, et al. filed.
Nov 26 2018Brief amici curiae of Public Advocate of the United States, et al. filed.
Nov 26 2018Brief amici curiae of Billy Graham Evangelistic Association, et. al filed.
Dec 14 2018Motion to extend the time to file a response from December 26, 2018 to January 25, 2019, submitted to The Clerk.
Dec 20 2018Motion to extend the time to file a response is granted and the time is further extended to and including January 25, 2019.
Jan 25 2019Brief of respondent Oregon Bureau of Labor and Industries in opposition filed.
Feb 11 2019Reply of petitioners Melissa Elaine Klein, et vir filed. (Distributed)
Feb 13 2019DISTRIBUTED for Conference of 3/1/2019.
Feb 28 2019Rescheduled.
Mar 11 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 14 2019Rescheduled.
Mar 18 2019DISTRIBUTED for Conference of 3/22/2019.
Mar 21 2019Rescheduled.
Mar 25 2019DISTRIBUTED for Conference of 3/29/2019.
Apr 08 2019DISTRIBUTED for Conference of 4/12/2019.
Apr 15 2019DISTRIBUTED for Conference of 4/18/2019.
Apr 22 2019DISTRIBUTED for Conference of 4/26/2019.
May 06 2019DISTRIBUTED for Conference of 5/9/2019.
May 13 2019DISTRIBUTED for Conference of 5/16/2019.
May 20 2019DISTRIBUTED for Conference of 5/23/2019.
May 28 2019DISTRIBUTED for Conference of 5/30/2019.
Jun 03 2019DISTRIBUTED for Conference of 6/6/2019.
Jun 10 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 584 U. S. ____ (2018).
Jul 19 2019JUDGMENT ISSUED.
Jul 19 2019MANDATE ISSUED.