Kennedy v. Bremerton School District

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-418	9th Cir.	Apr 25, 2022	Jun 27, 2022	6-3	Gorsuch	OT 2021

Holding: The free exercise and free speech clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression.

Judgment: Reversed, 6-3, in an opinion by Justice Gorsuch on June 27, 2022. Justice Gorsuch delivered the opinion of the court, in which Chief Justice Roberts, Justices Thomas, Alito, and Barrett joined, and in which Justice Kavanaugh joined except as to Part III-B. Justices Thomas and Alito filed concurring opinions. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.

SCOTUSblog Coverage

Announcement of orders and opinions for Monday, June 27 (complete) (Angie Gou, June 27, 2022)
Justices side with high school football coach who prayed on the field with students (Amy Howe, June 27, 2022)
High school football coach who prayed at midfield gets warm reception from some justices (Amy Howe, April 26, 2022)
The justices enter the fourth quarter (Mark Walsh, April 26, 2022)
Prayer at the 50-yard line (SCOTUStalk, April 25, 2022)
In the case of the praying football coach, both sides invoke religious freedom (Amy Howe, April 24, 2022)
The "reasonable observer" of prayer in school (SCOTUStalk, April 18, 2022)
April argument calendar features cases on Trump-era asylum policy and praying football coach (Amy Howe, March 15, 2022)
No new relists — but a preview of a free-exercise issue the court is watching closely (John Elwood, March 2, 2022)
Squabbles over masks and shadow-docket tasks (SCOTUStalk, January 24, 2022)
Court will take up five new cases, including lawsuit from football coach who wanted to pray on the field (Amy Howe, January 15, 2022)
Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)
House voting, DNA testing, a coach's praying, and abortion returning (Andrew Hamm, October 1, 2021)

Date	Proceedings and Orders (key to color coding)
09/14/2021	Petition for a writ of certiorari filed. (Response due October 18, 2021)
09/16/2021	Blanket Consent filed by Petitioner, Joseph A. Kennedy
09/20/2021	Motion to extend the time to file a response from October 18, 2021 to December 7, 2021, submitted to The Clerk.
09/21/2021	Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2021.
09/27/2021	Blanket Consent filed by Respondent, Bremerton School District
10/14/2021	Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.
10/15/2021	Brief amici curiae of Current State Legislators filed.
10/18/2021	Brief amicus curiae of Coach Tommy Bowden filed.
10/18/2021	Brief amici curiae of Members of Congress filed.
10/18/2021	Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.
10/18/2021	Brief amicus curiae of Galen Black filed.
10/18/2021	Brief amici curiae of The Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
10/18/2021	Brief amicus curiae of Pennsylvania Family Institute filed.
10/18/2021	Brief amici curiae of Twenty-Four States filed.
10/18/2021	Brief amici curiae of Advancing American Freedom, et al. filed.
12/07/2021	Brief of respondent Bremerton School District in opposition filed.
12/21/2021	Reply of petitioner Joseph A. Kennedy filed. (Distributed)
12/22/2021	DISTRIBUTED for Conference of 1/7/2022.
01/10/2022	DISTRIBUTED for Conference of 1/14/2022.
01/14/2022	Petition GRANTED.
01/21/2022	Blanket Consent filed by Petitioner, Joseph A. Kennedy
01/21/2022	Blanket Consent filed by Respondent, Bremerton School District
02/16/2022	Brief amicus curiae of Alabama Center for Law and Liberty filed.
02/18/2022	Suggestion of mootness filed by respondent Bremerton School District. (Distributed)
02/22/2022	Brief amicus curiae of Liberty Justice Center filed.
02/23/2022	Brief of petitioner Joseph A. Kennedy filed.
02/23/2022	Joint appendix filed (statement of costs filed).
02/23/2022	Brief amicus curiae of Foundation for Moral Law filed.
02/24/2022	Brief amicus curiae of American Constitutional Rights Union filed.
02/25/2022	Brief amicus curiae of Darrell Green filed.
02/25/2022	Response to Suggestion of mootness filed. (Distributed)
02/28/2022	Reply in Support of Suggestion of Mootness filed. (Distributed)
02/28/2022	Brief amici curiae of World Faith Foundation, et al. filed.
03/01/2022	Brief amicus curiae of Thomas More Society filed.
03/01/2022	Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
03/01/2022	Brief amici curiae of Mountain States Legal Foundation and Southeastern Legal Foundation filed.
03/01/2022	Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed.
03/01/2022	Brief amici curiae of Current State Legislators filed.
03/02/2022	Brief amicus curiae of Coach Tommy Bowden filed.
03/02/2022	Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.
03/02/2022	Brief amicus curiae of American Center for Law and Justice filed.
03/02/2022	Brief amicus curiae of The American Cornerstone Institute filed.
03/02/2022	Brief amicus curiae of Galen Black filed.
03/02/2022	Brief amici curiae of Members of Congress filed.
03/02/2022	Brief amicus curiae of Liberty Counsel filed.
03/02/2022	Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.
03/02/2022	Brief amici curiae of Former Attorneys General, Edwin Meese II, et al. filed.
03/02/2022	Brief amici curiae of Kirk Cousins, et al. filed.
03/02/2022	Brief amicus curiae of Foundation for Individual Rights in Education filed.
03/02/2022	Brief amicus curiae of America First Legal Foundation filed.
03/02/2022	Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed.
03/02/2022	Brief amicus curiae of The America First Policy Institute filed.
03/02/2022	Brief amicus curiae of Americans for Prosperity Foundation filed.
03/02/2022	Brief amicus curiae of The American Legion filed.
03/02/2022	Brief amicus curiae of The Rutherford Institute filed.
03/02/2022	Brief amicus curiae of United States Conference of Catholic Bishops filed.
03/02/2022	Brief amici curiae of Elisabeth P. DeVos and Defense of Freedom Institute for Policy Studies filed.
03/02/2022	Brief amici curiae of Ethics and Religious Liberty Commission of the Southern Baptist Convention filed.
03/02/2022	Brief amicus curiae of Christian Legal Society filed.
03/02/2022	Brief amici curiae of Advancing American Freedom, Young America’s Foundation, and 42 Additional Organizations and Individuals filed (3/18/22 brief and PDF to be corrected and resubmitted.)
03/02/2022	Brief amici curiae of Advancing American Freedom, Young America's Foundation, and 39 Additional Organizations and Individuals filed. (03/24/2022). (Distributed)
03/02/2022	Brief amici curiae of Twenty-Seven States filed.
03/02/2022	Brief amicus curiae of Notre Dame Law School Religious Liberty Initiative filed.
03/02/2022	Brief amicus curiae of Protect The First Foundation filed.
03/15/2022	ARGUMENT SET FOR Monday, April 25, 2022.
03/16/2022	Record requested from the U.S.C.A. 9th Circuit.
03/17/2022	The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
03/23/2022	CIRCULATED
03/25/2022	Brief of respondent Bremerton School District filed. (Distributed)
03/31/2022	Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)
03/31/2022	Brief amici curiae of Bremerton Community Members - BHS Football Team Alumnus, Parents, Community Leaders, and Educators filed. (Distributed)
03/31/2022	Brief amici curiae of Church-State Scholars filed. (Distributed)
03/31/2022	Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. (Distributed)
04/01/2022	Brief amici curiae of Jo Ann Magistro and Alan Brodman filed. (Distributed)
04/01/2022	Brief amicus curiae of Washington State School Directors' Association filed. (Distributed)
04/01/2022	Brief amici curiae of American Civil Liberties Union and ACLU of Washington filed. (Distributed)
04/01/2022	Brief amici curiae of Forum on the Military Chaplaincy and Former Members of the Military and Military Chaplaincies filed. (Distributed)
04/01/2022	Brief amici curiae of Freedom From Religion Foundation, et al. filed. (Distributed)
04/01/2022	Brief amici curiae of New York, et al. filed. (Distributed)
04/01/2022	Brief amici curiae of AASA, The School Superintendents Association, et al. filed. (Distributed)
04/01/2022	Brief amici curiae of Former Professional Football Players Obafemi D. Ayanbadejo, Sr., et al. filed. (Distributed)
04/01/2022	Brief amici curiae of Religious and Denominational Organizations and Bremerton-Area Clergy filed. (Distributed)
04/01/2022	Brief amici curiae of Members of the U.S. House of Representatives filed. (Distributed)
04/01/2022	Brief amicus curiae of American Atheists, Inc. filed. (Distributed)
04/01/2022	Brief amici curiae of Washington State Charter Schools Association and California Charter Schools Association filed. (Distributed)
04/01/2022	Brief amicus curiae of California School Boards Association and its Education Legal Alliance filed. (Distributed)
04/01/2022	Brief amici curiae of Psychology and Neuroscience Scholars filed. (Distributed)
04/01/2022	Brief amicus curiae of Robert D. Kamenshine filed. (Distributed)
04/01/2022	Brief amici curiae of National Education Association, et al. filed. (Distributed)
04/01/2022	Brief amici curiae of City, county, and local public employer organizations filed. (Distributed)
04/01/2022	Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument filed.
04/14/2022	Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument DENIED.
04/15/2022	Reply of petitioner Joseph A. Kennedy filed. (Distributed)
04/25/2022	Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Richard B. Katskee, Washington, D. C.
06/27/2022	Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined, and in which Kavanaugh, J., joined, except as to Part III–B. Thomas, J., and Alito, J., filed concurring opinions. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined.
07/29/2022	JUDGMENT ISSUED