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Our Lady of Guadalupe School v. Morrissey-Berru

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-267 9th Cir. May 11, 2020 Jul 8, 2020 7-2 Alito OT 2019

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

Holding: The "ministerial exception" under the religion clauses of the First Amendment forecloses the adjudication of employment-discrimination claims of Catholic school teachers in these cases.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Alito on July 8, 2020. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 18 2019Application (19A80) to extend the time to file a petition for a writ of certiorari from July 29, 2019 to August 28, 2019, submitted to Justice Kagan.
Jul 19 2019Application (19A80) granted by Justice Kagan extending the time to file until August 28, 2019.
Aug 28 2019Petition for a writ of certiorari filed. (Response due September 30, 2019)
Sep 11 2019Brief amicus curiae of The National Catholic Educational Association filed.
Sep 26 2019Motion to extend the time to file a response from September 30, 2019 to October 18, 2019, submitted to The Clerk.
Sep 27 2019Brief amici curiae of Professors Douglas Laycock, et al. filed.
Sep 27 2019Brief amici curiae of Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America filed. VIDED
Sep 27 2019Brief amici curiae of State of Alaska, et al. filed.
Sep 30 2019Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
Sep 30 2019Brief amici curiae of Christian Legal Society et al. filed.
Sep 30 2019Brief amici curiae of General Conference of Seventh-day Adventists, et al. filed.
Sep 30 2019Brief amicus curiae of Stephen Wise Temple filed.
Sep 30 2019Brief amicus curiae of National Legal Foundation filed.
Oct 01 2019Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2019.
Oct 17 2019Motion to extend the time to file a response from October 18, 2019 to October 28, 2019, submitted to The Clerk.
Oct 18 2019Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2019.
Oct 28 2019Brief of respondent Agnes Morrissey-Berru in opposition filed.
Oct 28 2019Waiver of the 14-day waiting period under 15.5 filed.
Oct 30 2019DISTRIBUTED for Conference of 11/15/2019.
Nov 01 2019Reply of petitioner Our Lady of Guadalupe School filed. (Distributed)
Nov 12 2019Rescheduled.
Nov 26 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 18 2019Petition GRANTED. The petition for a writ of certiorari in No. 19-348 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Dec 18 2019Because 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. 19-267. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-267. 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 filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 27 2020Blanket Consent filed by Petitioner, Our Lady of Guadalupe School. VIDED
Jan 31 2020SET FOR ARGUMENT on Wednesday, April 1, 2020. VIDED
Feb 03 2020Joint appendix filed. (Statement of costs filed.) VIDED
Feb 03 2020Brief of petitioner Our Lady of Guadalupe School filed. VIDED
Feb 06 2020Brief amicus curiae of Foundation for Moral Law filed. VIDED.
Feb 07 2020Brief amici curiae of The Christian and Missionary Alliance, et al. filed. VIDED.
Feb 07 2020Brief amicus curiae of Judicial Watch, Inc. filed. VIDED.
Feb 07 2020Brief amici curiae of COLPA, et al. filed. VIDED.
Feb 07 2020Brief amici curiae of State of Alaska, et al. filed (in 19-267).
Feb 10 2020Brief amici curiae of InterVarsity Christian Fellowship/USA, World Vision Inc., Young Life filed. VIDED.
Feb 10 2020Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed. VIDED.
Feb 10 2020Brief amicus curiae of National Catholic Educational Association filed. VIDED.
Feb 10 2020Brief amici curiae of Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America filed. VIDED.
Feb 10 2020Brief amicus curiae of Torah Umesorah filed. VIDED.
Feb 10 2020Brief amicus curiae of Franciscan University of Steubenville filed. VIDED.
Feb 10 2020Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED.
Feb 10 2020Brief amici curiae of General Conference of Seventh-day Adventists and Jewish Coalition for Religious Liberty filed. VIDED.
Feb 10 2020Brief amicus curiae of Asma T. Uddin filed. VIDED.
Feb 10 2020Brief amicus curiae of Independent Women's Law Center filed. VIDED.
Feb 10 2020Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. VIDED.
Feb 10 2020Brief amicus curiae of United States filed. VIDED.
Feb 10 2020Brief amici curiae of American Civil Liberties Union, et al filed. VIDED.
Feb 10 2020Brief amicus curiae of Partnership Schools filed. VIDED.
Feb 10 2020Brief amici curiae of Stephen Wise Temple and Milwaukee Jewish Day School filed. VIDED.
Feb 10 2020Brief amici curiae of Columbia International University and Sixth Mount Zion Missionary Baptist Church filed. VIDED.
Feb 10 2020Brief amicus curiae of American Center for Law and Justice filed. VIDED.
Feb 10 2020Brief amicus curiae of The Rutherford Institute filed. VIDED.
Feb 10 2020Brief amicus curiae of Professor John D. Inazu filed. VIDED.
Feb 10 2020Brief amici curiae of The Association of Classical Christian Schools, et al., filed. VIDED.
Feb 10 2020Brief amici curiae of Senator Mike Lee, et al. filed. VIDED.
Feb 10 2020Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Feb 10 2020Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
Feb 10 2020Brief amicus curiae of Ethics and Public Policy Center filed. VIDED.
Feb 10 2020Brief amicus curiae of Inner Life Fund filed. VIDED.
Feb 10 2020Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed. VIDED.
Feb 10 2020Brief amici curiae of American Jewish Committee and United Synagogue of Conservative Judaism filed. VIDED.
Feb 10 2020Brief amicus curiae of First Liberty Institute filed. VIDED.
Feb 10 2020Brief amici curiae of Council for Christian Colleges and Universities and Forty Individual Religious Colleges and Universities filed. VIDED.
Feb 10 2020Brief amici curiae of Billy Graham Evangelical Association, et al. filed. VIDED.
Feb 10 2020Brief amici curiae of Professors Douglas Laycock, et al. filed. VIDED.
Feb 10 2020Brief amicus curiae of United States filed. VIDED. (Distributed)
Feb 19 2020CIRCULATED
Feb 19 2020Record requested from the U.S.C.A. 9th Circuit.
Mar 04 2020Brief of respondents filed. VIDED. (Distributed)
Mar 04 2020The record of the USCA 9th Circuit is available on Pacer.
Mar 10 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 10 2020Brief amici curiae of The Freedom From Religion Foundation, et al. filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of Center for Inquiry, Inc., et al. filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of National Women's Law Center, et al. filed. VIDED. (Distributed)
Mar 11 2020Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED.
Mar 11 2020Brief amici curiae of Virginia, et al. filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of National Employment Lawyers Association, et al. filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of Clergy and Laity United for Economic Justice and Bet Tzedek filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of CHILD USA, et al. filed. VIDED. (Distributed)
Mar 16 2020ORAL ARGUMENT POSTPONED. VIDED.
Mar 23 2020Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. VIDED.
Mar 23 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
Apr 03 2020Reply of petitioners filed. VIDED. (Distributed)
Apr 13 2020Argument to be rescheduled for May 2020.
Apr 15 2020RESCHEDULED FOR ARGUMENT on Monday, May 11, 2020. VIDED.
May 11 2020Argued. For petitioners: Eric C. Rassbach, Washington, D. C.; and Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.). For respondents: Jeffrey L. Fisher, Menlo Park, Cal. VIDED.
Jul 08 2020Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. VIDED.
Aug 10 2020JUDGMENT ISSUED.