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Maryland-National Capital Park and Planning Commission v. American Humanist Association

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-18 4th Cir. Feb 27, 2019
Tr.
Jun 20, 2019 7-2 Alito OT 2018

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the petitioner in this case.

Holding: The Bladensburg Cross does not violate the establishment clause of the First Amendment.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Alito on June 20, 2019. Justice Alito announced the judgment of the Supreme Court and delivered the opinion of the court with respect to Parts I, II–B, II–C, III, and IV, in which Chief Justice Roberts and Justices Breyer, Kagan, and Kavanaugh joined, and an opinion with respect to Parts II–A and II–D, in which Chief Justice Roberts and Justices Breyer and Kavanaugh joined. Justice Breyer filed a concurring opinion, in which Justice Kagan joined. Justice Kavanaugh filed a concurring opinion. Justice Kagan filed an opinion concurring in part. Justice Thomas filed an opinion concurring in the judgment. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 24 2018Application (17A1175) to extend the time to file a petition for a writ of certiorari from May 30, 2018 to June 29, 2018, submitted to The Chief Justice.
May 09 2018Application (17A1175) granted by The Chief Justice extending the time to file until June 29, 2018.
Jun 29 2018Petition for a writ of certiorari filed. (Response due August 2, 2018)
Jul 12 2018Blanket Consent filed by Respondents, The American Legion, The American Legion Department of Maryland, and The American Legion Colmar Manor Post 131.
Jul 13 2018Blanket Consent filed by Petitioner, Maryland-National Capital Park and Planning Commission.
Jul 25 2018Brief amicus curiae of American Center for Law & Justice filed. VIDED.
Jul 26 2018Brief amicus curiae of Military Order of the Purple Heart filed. VIDED.
Jul 27 2018Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.(Corrected brief to be resubmitted)
Jul 27 2018Brief amici curiae of Retired Generals and Flag Officers filed. VIDED.
Jul 27 2018Brief amici curiae of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials filed. VIDED.
Jul 27 2018Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED.
Jul 27 2018Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed. VIDED
Jul 27 2018Brief amicus curiae of International Municipal Lawyers Association filed. VIDED.
Jul 27 2018Brief amici curiae of 109 United States Senators and Members of the United States House of Representatives filed. VIDED.
Jul 27 2018Brief amici curiae of State of West Virginia, 27 Other States & the Governor of Kentucky filed. VIDED.
Jul 27 2018Brief amici curiae of Maryland Elected Officials filed. VIDED
Jul 27 2018Brief amici curiae of Medal of Honor Recipients filed. VIDED.
Jul 27 2018Brief amici curiae of Veterans of Foreign Wars of the United States, et al. filed. VIDED.
Jul 27 2018Brief amicus curiae of The Town of Taos, New Mexico filed. VIDED.
Jul 27 2018Corrected brief amici curiae of The Becket Fund for Religious Liberty filed. VIDED.
Aug 01 2018Brief amicus curiae of Foundation for Moral Law filed.
Aug 02 2018Brief amicus curiae of Prince George's County, Maryland filed.
Aug 02 2018Brief amicus curiae of The Rutherford Institute filed.
Aug 02 2018Brief of respondents American Humanist Association, et al. in opposition filed.
Aug 02 2018Brief amicus curiae of State of Maryland filed.
Aug 02 2018Brief amici curiae of Veterans in Defense of Liberty, et al. filed.
Aug 21 2018Reply of petitioner Maryland-National Capital Park and Planning Commission filed.
Aug 22 2018DISTRIBUTED for Conference of 9/24/2018.
Oct 01 2018DISTRIBUTED for Conference of 10/5/2018.
Oct 09 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 02 2018Petition GRANTED. The petition for a writ of certiorari in No. 17-1717 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Nov 02 2018Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-1717. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1717. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the flings is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Dec 21 2018SET FOR ARGUMENT on Wednesday, February 27, 2019. VIDED.
Jan 11 2019Record requested from the U.S.C.A. 4th Circuit.
Jan 15 2019CIRCULATED
Feb 27 2019Argued. For petitioner in 18-18: Neal K. Katyal, Washington, D. C. For petitioners in 17-1717: Michael A. Carvin, Washington, D. C. For United States, as amicus curiae, supporting petitioners: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Monica L. Miller, Washington, D. C. VIDED.
Jun 20 2019Judgment REVERSED and case REMANDED. Alito, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, II–C, III, and IV, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined, and an opinion with respect to Parts II–A and II–D, in which Roberts, C. J., and Breyer and Kavanaugh, JJ., joined. Breyer, J., filed a concurring opinion, in which Kagan, J., joined. Kavanaugh, J., filed a concurring opinion. Kagan, J., filed an opinion concurring in part. Thomas, J., filed an opinion concurring in the judgment. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined. VIDED.
Jul 22 2019JUDGMENT ISSUED.
 
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