|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-547||Or. Ct. App.||N/A||N/A||N/A||N/A||OT 2018|
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.
|Date||Proceedings and Orders |
|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.|
|Feb 28 2019||Rescheduled.|
|Mar 11 2019||DISTRIBUTED for Conference of 3/15/2019.|
|Mar 14 2019||Rescheduled.|
|Mar 18 2019||DISTRIBUTED for Conference of 3/22/2019.|
|Mar 21 2019||Rescheduled.|
|Mar 25 2019||DISTRIBUTED for Conference of 3/29/2019.|
|Apr 08 2019||DISTRIBUTED for Conference of 4/12/2019.|
|Apr 15 2019||DISTRIBUTED for Conference of 4/18/2019.|
|Apr 22 2019||DISTRIBUTED for Conference of 4/26/2019.|
|May 06 2019||DISTRIBUTED for Conference of 5/9/2019.|
|May 13 2019||DISTRIBUTED for Conference of 5/16/2019.|
|May 20 2019||DISTRIBUTED for Conference of 5/23/2019.|
|May 28 2019||DISTRIBUTED for Conference of 5/30/2019.|
|Jun 03 2019||DISTRIBUTED for Conference of 6/6/2019.|
|Jun 10 2019||DISTRIBUTED for Conference of 6/13/2019.|
|Jun 17 2019||Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 584 U. S. ____ (2018).|
|Jul 19 2019||JUDGMENT ISSUED.|
|Jul 19 2019||MANDATE ISSUED.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
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