Klein v. Oregon Bureau of Labor and Industries

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Klein v. Oregon Bureau of Labor and Industries

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood

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Pending petition

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-547	Or. Ct. App.	TBD	TBD	TBD	TBD	TBD

Issues: (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.

Masterpiece Cakeshop question returns to the Supreme Court (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Sep 06 2018	Application (18A246) to extend the time to file a petition for a writ of certiorari from September 19, 2018 to October 19, 2018, submitted to The Chief Justice.
Sep 12 2018	Application (18A246) granted by The Chief Justice extending the time to file until October 19, 2018.
Oct 19 2018	Petition for a writ of certiorari filed. (Response due November 26, 2018)
Oct 31 2018	Blanket Consent filed by Respondent, Oregon Bureau of Labor and Industries.
Nov 08 2018	Blanket Consent filed by Petitioners, Melissa Elaine Klein, et vir.
Nov 14 2018	Brief amicus curiae of Institute for Faith and Family filed.
Nov 15 2018	Motion to extend the time to file a response from November 26, 2018 to December 26, 2018, submitted to The Clerk.
Nov 16 2018	Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2018.
Nov 21 2018	Brief amicus curiae of Pacific Legal Foundation filed.
Nov 21 2018	Brief amicus curiae of Southeastern Legal Foundation filed.
Nov 26 2018	Brief amicus curiae of Foundation for Moral Law filed.
Nov 26 2018	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Nov 26 2018	Brief amicus curiae of Thomas More Society filed.
Nov 26 2018	Brief amici curiae of The States of Texas, et al. filed.
Nov 26 2018	Brief amici curiae of The Cato Institute, et al. filed.
Nov 26 2018	Brief amici curiae of Public Advocate of the United States, et al. filed.
Nov 26 2018	Brief amici curiae of Billy Graham Evangelistic Association, et. al filed.
Dec 14 2018	Motion to extend the time to file a response from December 26, 2018 to January 25, 2019, submitted to The Clerk.
Dec 20 2018	Motion to extend the time to file a response is granted and the time is further extended to and including January 25, 2019.
Jan 25 2019	Brief of respondent Oregon Bureau of Labor and Industries in opposition filed.
Feb 11 2019	Reply of petitioners Melissa Elaine Klein, et vir filed. (Distributed)
Feb 13 2019	DISTRIBUTED for Conference of 3/1/2019.

Featured Posts

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood
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This Week at the Court
The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices met for their February 22 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Cases argued 45

Cases decided 13

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

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Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)
Opinions

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)
Opinions