Fulton v. City of Philadelphia, Pennsylvania

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

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.
Term Snapshot
At a Glance