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

Petition for certiorari denied on March 4, 2019

Docket No. Argument Opinion Vote Author Term
18-364 N/A N/A N/A N/A OT 2018

Issue: (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)
07/27/2018Application (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.
07/31/2018Application (18A105) granted by Justice Alito extending the time to file until September 18, 2018.
09/18/2018Petition for a writ of certiorari filed. (Response due October 22, 2018)
10/01/2018Motion to extend the time to file a response from October 22, 2018 to November 26, 2018, submitted to The Clerk.
10/09/2018Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2018.
10/22/2018Brief amicus curiae of National Trust for Historic Preservation filed.
10/22/2018Brief amicus curiae of International Municipal Lawyers Association filed.
11/26/2018Brief of respondents Freedom From Religion Foundation, et al. in opposition filed. VIDED.
12/10/2018Reply of petitioner Morris County Board of Chosen Freeholders filed.
12/12/2018DISTRIBUTED for Conference of 1/4/2019.
12/21/2018Supplemental brief of petitioners Morris County Board of Chosen Freeholders, et al. filed. (Distributed)
01/07/2019DISTRIBUTED for Conference of 1/11/2019.
01/14/2019DISTRIBUTED for Conference of 1/18/2019.
02/04/2019DISTRIBUTED for Conference of 2/15/2019.
02/19/2019DISTRIBUTED for Conference of 2/22/2019.
02/25/2019DISTRIBUTED for Conference of 3/1/2019.
03/04/2019Petition DENIED. Statement of Justice Kavanaugh, with whom Justice Alito and Justice Gorsuch join, respecting the denial of certiorari. (Detached Opinion). VIDED.