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Fulton v. City of Philadelphia, Pennsylvania

Docket No. Op. Below Argument Opinion Vote Author Term
19-123 3rd Cir. TBD TBD TBD TBD OT 2020

Issue: Whether free exercise plaintiffs can only succeed by proving a particular type of discrimination claim — namely that the government would allow the same conduct by someone who held different religious views — as two circuits have held, or whether courts must consider other evidence that a law is not neutral and generally applicable, as six circuits have held; (2) whether Employment Division v. Smith should be revisited; and (3) whether the government violates the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on taking actions and making statements that directly contradict the agency’s religious beliefs.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 22 2019Petition for a writ of certiorari filed. (Response due August 26, 2019)
Aug 07 2019Motion to extend the time to file a response from August 26, 2019 to October 25, 2019, submitted to The Clerk.
Aug 07 2019Brief amici curiae of Former Foster Children and Foster Parents and the Catholic Association Foundation filed.
Aug 13 2019Motion to extend the time to file a response is granted in part; the time is extended to and including October 10, 2019.
Aug 16 2019Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
Aug 26 2019Brief amici curiae of The States of Texas, et al. filed.
Aug 26 2019Brief amici curiae of 44 United States Senators and Members of the House of Representatives filed.
Aug 26 2019Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Aug 26 2019Brief amicus curiae of Foundation for Moral Law filed.
Oct 10 2019Brief of respondents Support Center for Child Advocates and Philadelphia Family Pride in opposition filed.
Oct 10 2019Brief of respondents City of Philadelphia, et al. in opposition filed.
Oct 28 2019Reply of petitioners Sharonell Fulton, et al. filed.
Oct 30 2019DISTRIBUTED for Conference of 11/15/2019.
Nov 12 2019Rescheduled.
Nov 20 2019DISTRIBUTED for Conference of 12/6/2019.
Dec 03 2019Rescheduled.
Dec 09 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 11 2019Rescheduled.
Jan 06 2020DISTRIBUTED for Conference of 1/10/2020.
Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020DISTRIBUTED for Conference of 1/24/2020.
Feb 14 2020DISTRIBUTED for Conference of 2/21/2020.
Feb 24 2020Petition GRANTED.
Mar 17 2020Motion for an extension of time to file the briefs on the merits filed.
Mar 23 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 27, 2020. The time to file respondents' briefs on the merits is extended to and including August 13, 2020.
May 07 2020Blanket Consent filed by Respondents, City of Philadelphia, Department of Human Services for the City of Philadelphia, Philadelphia Commission on Human Relations.
May 27 2020Joint appendix (two volumes) filed.
May 27 2020Brief of petitioners Sharonell Fulton, et al. filed.
May 27 2020Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
May 28 2020Brief amici curiae of The Institute for Faith and Family, et al. filed.
Jun 01 2020Brief amicus curiae of National Association of Evangelicals filed.
Jun 01 2020Amicus brief of Foundation for Moral Law not accepted for filing. (June 09, 2020 - Duplicate submission.)
Jun 01 2020Brief amicus curiae of Foundation for Moral Law filed.
Jun 02 2020Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jun 02 2020Brief amici curiae of The Bruderhof, United Sikhs, The International Society for Krishna Consciousness (ISKCON), The Islam & Religious Freedom Action Team of the Religious Freedom Institute, and Asma Uddin filed.
Jun 02 2020Brief amici curiae of States of Nebraska, Arizona, and Ohio filed.
Jun 02 2020Brief amicus curiae of Eugene Volokh in support of neither party filed.
Jun 03 2020Brief amicus curiae of United States filed.
Jun 03 2020Brief amicus curiae of Robertson Center for Constitutional Law filed.
Jun 03 2020Brief amici curiae of Concerned Women for America, et al. filed.
Jun 03 2020Brief amici curiae of Life Legal Defense Foundation et al. filed.
Jun 03 2020Brief amici curiae of Archbishop Jerome E. Listecki and the Roman Catholic Archdiocese of Milwaukee filed.
Jun 03 2020Brief amici curiae of James and Gail Blais, General Conference of Seventh-day Adventists filed.
Jun 03 2020Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
Jun 03 2020Brief amici curiae of New Hope Family Services, Inc. and Catholic Charities West Michigan filed.
Jun 03 2020Brief amicus curiae of Americans for Prosperity Foundation filed.
Jun 03 2020Brief amici curiae of Current and Former State Legislators filed.
Jun 03 2020Brief amicus curiae of Generation Justice filed.
Jun 03 2020Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
Jun 03 2020Brief amici curiae of Catholic Charities of the Diocese of Springfield, Illinois, et al. filed.
Jun 03 2020Brief amicus curiae of Former Attorney General Edwin Meese III filed.
Jun 03 2020Brief amici curiae of The States of Texas, Alabama, Arkansa, Llouisiana, Missouri, Nebraska, Ohio, Oklahoma, West Virginia and Commonwealth of Kentucky filed.
Jun 03 2020Brief amicus curiae of Galen Black filed.
Jun 03 2020Brief amici curiae of 76 United States Senators and Members of the House of Representatives filed.
Jun 03 2020Brief amici curiae of Coalition for Jewish Values, et al. filed.
Jun 03 2020Brief amici curiae of Dorothy Frame, et al. filed.
Jun 03 2020Brief amici curiae of National Jewish Commission on Law and Public Affairs, et al. filed.
Jun 03 2020Brief amici curiae of Former Foster Children and Foster Parents, et al. filed.
Jun 03 2020Brief amici curiae of Christian Legal Society et al. filed.
Jun 03 2020Brief amicus curiae of Great Lakes Justice Center filed.
Jun 03 2020Brief amici curiae of Fifteen Pennsylvania State Senators filed.
Jun 03 2020Brief amici curiae of Council for Christian Colleges and Universities, et al. filed.
Jun 03 2020Amicus brief of The Rutherford Institute submitted.
Jun 03 2020Amicus brief of New Civil Liberties Alliance submitted.
 
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