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Altitude Express Inc. v. Zarda

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
17-1623 2d Cir. Oct 8, 2019 Jun 15, 2020 6-3 Gorsuch OT 2019

Holding: An employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964.

Judgment: Affirmed, 6-3, in an opinion by Justice Gorsuch on June 15, 2020. Justice Alito filed a dissenting opinion, in which Justice Thomas joined. Justice Kavanaugh filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 29 2018Petition for a writ of certiorari filed. (Response due July 2, 2018)
Jun 19 2018Motion to extend the time to file a response from July 2, 2018 to August 16, 2018, submitted to The Clerk.
Jun 21 2018Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2018.
Jul 02 2018Brief amici curiae of Public Advocate of the United States, et al. filed.
Aug 16 2018Brief of respondents Melissa Zarda, et al. in opposition filed.
Sep 04 2018Reply of petitioners Altitude Express, Inc., et al. filed. (Distributed)
Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 11 2018Rescheduled.
Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
Nov 26 2018Rescheduled.
Dec 03 2018DISTRIBUTED for Conference of 12/7/2018.
Dec 03 2018Rescheduled.
Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
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 11 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019DISTRIBUTED for Conference of 3/22/2019.
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 2019Petition GRANTED. The petition for writ of certiorari in No. 17-1618 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Apr 23 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-1618. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1618. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
May 13 2019Petitioner in No. 17-1618, respondents in No. 17-1623, and respondent Aimee Stephens in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(v), on or before Wednesday, June 26, 2019. Respondent in No. 17-1618, petitioners in No. 17-1623, and petitioner and respondent EEOC in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(vi), on or before Friday, August 16, 2019. Reply briefs, if any, pursuant to Rule 33.1(g)(vii), shall be filed on or before Monday, September 16, 2019. Amicus curiae briefs shall be filed pursuant to Rule 37.3. VIDED.
Jul 01 2019SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED
Aug 16 2019Record requested from the U.S.C.A. 2nd Circuit.
Aug 20 2019Record received from the U.S.C.A. 2nd Circuit is electronic.
Oct 08 2019Argued. For petitioner in 17-1618 and respondents in 17-1623: Pamela S. Karlan, Stanford, Cal. For respondent in 17-1618 and petitioners in 17-1623: Jeffrey M. Harris, Arlington, Va.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
Jun 15 2020Adjudged to be AFFIRMED (Reversed and remanded in No. 17-1618). Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined. Kavanaugh, J., filed a dissenting opinion. (Opinion also for No. 18-107). VIDED.