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Elmbrook School District v. Doe

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Petition for certiorari denied on June 16, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
12-755 7th Cir N/A N/A N/A N/A OT 2013

Issue: (1) Whether the Establishment Clause prohibits the government from conducting public functions such as high school graduation exercises in a church building, where the function has no religious content and the government selected the venue for reasons of secular convenience; (2) whether the government “coerces” religious activity in violation of Lee v. Weisman and Santa Fe Independent School District v. Doe where there is no pressure to engage in a religious practice or activity, but merely exposure to religious symbols; and (3) whether the government “endorses” religion when it engages in a religion-neutral action that incidentally exposes citizens to a private religious message.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 4 2012Application (12A329) to extend the time to file a petition for a writ of certiorari from October 21, 2012 to December 20, 2012, submitted to Justice Kagan.
Oct 4 2012Application (12A329) granted by Justice Kagan extending the time to file until December 20, 2012.
Dec 20 2012Petition for a writ of certiorari filed. (Response due January 22, 2013)
Jan 9 2013Order extending time to file response to petition to and including February 21, 2013.
Jan 17 2013Consent to the filing of amicus cuirae briefs, in support of either party or of neitiher party, received from counsel for the petitioner.
Jan 17 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Jan 18 2013Brief amicus curiae of Alliance Defending Freedom filed.
Jan 22 2013Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jan 22 2013Brief amici curiae of Texas, et al. filed.
Jan 22 2013Brief amici curiae of American Association of School Administratiors, et al. filed.
Feb 21 2013Brief of respondents John Doe, 3, a Minor by Doe 3's Next Best Friend Doe 2, et al. in opposition filed.
Mar 6 2013DISTRIBUTED for Conference of March 22, 2013.
Mar 6 2013Reply of petitioner Elmbrook School District filed. (Distributed)
Mar 25 2013DISTRIBUTED for Conference of March 29, 2013.
Apr 1 2013DISTRIBUTED for Conference of April 12, 2013.
Apr 15 2013DISTRIBUTED for Conference of April 19, 2013.
Apr 22 2013DISTRIBUTED for Conference of April 26, 2013.
Apr 29 2013DISTRIBUTED for Conference of May 9, 2013.
May 13 2013DISTRIBUTED for Conference of May 16, 2013.
May 5 2014DISTRIBUTED for Conference of May 15, 2014.
May 6 2014Supplemental brief of petitioner Elmbrook School District filed. (Distributed)
May 7 2014Supplemental brief of respondents John Doe, 3, a Minor by Doe 3's Next Best Friend Doe 2, et al. filed. (Distributed)
May 19 2014DISTRIBUTED for Conference of May 22, 2014.
May 27 2014DISTRIBUTED for Conference of May 29, 2014.
Jun 2 2014DISTRIBUTED for Conference of June 5, 2014.
Jun 9 2014DISTRIBUTED for Conference of June 12, 2014.
Jun 16 2014Petition DENIED. Justice Scalia, with whom Justice Thomas joins, dissenting from the denial of certiorari. (Detached Opinion)