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Kennedy v. Bremerton School District

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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

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