|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the petitioners in this case.
Issues: (1) Whether the First Amendment requires courts to enforce express trusts in church governing documents (as some jurisdictions hold, in line with Jones v. Wolf's first safeguard), or whether state law may render such trusts unenforceable (as others hold); (2) whether the First Amendment requires courts to defer to churches on questions of polity (as some jurisdictions hold, in line with Jones’ second safeguard), or whether courts may apply state law to determine the structure of a church (as others hold); and (3) whether the neutral-principles approach may constitutionally be applied — either prospectively or retroactively — to resolve church-property disputes.
|Date||Proceedings and Orders |
|Oct 19 2020||Petition for a writ of certiorari filed. (Response due November 23, 2020)|
|Nov 16 2020||Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.|
|Nov 17 2020||Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2020.|
|Nov 23 2020||Brief amicus curiae of The Rutherford Institute filed. VIDED.|
|Nov 23 2020||Brief amici curiae of General Assembly of the Presbyterian Church (U.S.A.), et al. filed. VIDED.|
|Dec 23 2020||Brief of respondents The Episcopal Diocese of Fort Worth, et al. in opposition filed. VIDED.|
|Jan 06 2021||DISTRIBUTED for Conference of 1/22/2021.|
|Jan 06 2021||Reply of petitioners The Episcopal Church, et al. filed. (Distributed)|
|Feb 12 2021||DISTRIBUTED for Conference of 2/19/2021.|
|Feb 22 2021||Petition DENIED.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
First up, a piece from @stevenmazie on how to reform oral arguments after the pandemic.
The court after COVID: A recipe for oral argument reform - SCOTUSblog
The Supreme Court has not yet announced whether it will return to normal operations when the 2021-22 term begins ...
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...