Klein v. Oregon Bureau of Labor and Industries

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.

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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.
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.

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The Supreme Court released orders from the April 12 conference on Monday; the justices called for the views of the U.S. solicitor general in Rutledge v. Pharmaceutical Care Management Association.
On Monday, the justices heard oral argument in Iancu v. Brunetti and Emulex Corp. v. Varjabedian.
On Tuesday, the justices heard oral argument in Parker Drilling Management Services, Ltd. v. Newton and North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust.
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On Thursday, the justices met for their April 18 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
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  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- 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.
- 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.
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Recent Decisions
- Biestek v. Berryhill A vocational expert’s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence” in federal court under 42 U. S. C. §405(g).
- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
- Lorenzo v. Securities and Exchange Commission Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
- Republic of Sudan v. Harrison When civil process is served on a foreign state under the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. §1608(a)(3) requires a mailing to be sent directly to the foreign minister’s office in the foreign state.
- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
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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.
- Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).
- 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.
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Merits cases granted to date 74

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Cases argued	63
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Merits cases granted to date	74

Editor's Note :

Klein v. Oregon Bureau of Labor and Industries

SCOTUSblog Coverage

Featured Posts

Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

New rules mean tighter deadlines, fewer words – Amy Howe

Relist Watch: The Muller Report – John Elwood

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Merits Case Pages and Archives

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Conference of April 19, 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award