|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-349||11th Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether an accommodation that merely lessens or has the potential to eliminate the conflict between work and religious practice is “reasonable” per se, as the U.S. Courts of Appeals for the 1st, 4th and 11th Circuits hold; does it instead create a jury question, as the U.S. Courts of Appeals for the 8th and 10th Circuits hold; or must an accommodation fully eliminate the conflict in order to be “reasonable” as the U.S. Courts of Appeals for the 2nd, 7th and 9th Circuits hold; (2) whether speculation about possible future burdens is sufficient to meet the employer’s burden in establishing “undue hardship,” as the U.S. Courts of Appeals for the 5th, 6th and 11th Circuits hold, or must the employer demonstrate an actual burden, as the U.S. Courts of Appeals for the 4th, 8th, 9th and 10th Circuits hold; and (3) whether the portion of TWA v. Hardison opining that “undue hardship” simply means something more than a “de minimis cost” should be disavowed or overruled. CVSG: 12/9/2019.
|Date||Proceedings and Orders |
|Jul 11 2018||Application (18A50) to extend the time to file a petition for a writ of certiorari from July 25, 2018 to August 24, 2018, submitted to Justice Thomas.|
|Jul 19 2018||Application (18A50) granted by Justice Thomas extending the time to file until August 24, 2018.|
|Aug 13 2018||Application (18A50) to extend further the time from August 24, 2018 to September 14, 2018, submitted to Justice Thomas.|
|Aug 16 2018||Application (18A50) granted by Justice Thomas extending the time to file until September 14, 2018.|
|Sep 14 2018||Petition for a writ of certiorari filed. (Response due October 17, 2018)|
|Sep 18 2018||Blanket Consent filed by Petitioner, Darrell Patterson.|
|Oct 08 2018||Waiver of right of respondent Walgreen Co. to respond filed.|
|Oct 15 2018||Brief amicus curiae of Founders' First Freedom, Inc. filed.|
|Oct 17 2018||Brief amicus curiae of Robert P. Roesser filed.|
|Oct 17 2018||Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.|
|Oct 17 2018||Brief amici curiae of Church of Jesus Christ of Latter-Day Saints; et al. filed.|
|Oct 17 2018||Brief amici curiae of Christian Legal Society, et al. filed.|
|Oct 24 2018||DISTRIBUTED for Conference of 11/9/2018.|
|Oct 29 2018||Response Requested. (Due November 28, 2018)|
|Nov 19 2018||Motion to extend the time to file a response from November 28, 2018 to January 14, 2019, submitted to The Clerk.|
|Nov 27 2018||Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.|
|Jan 14 2019||Brief of respondent Walgreen, Co. in opposition filed.|
|Jan 29 2019||Reply of petitioner Darrell Patterson filed.|
|Jan 30 2019||DISTRIBUTED for Conference of 2/15/2019.|
|Feb 13 2019||Rescheduled.|
|Feb 19 2019||DISTRIBUTED for Conference of 2/22/2019.|
|Feb 21 2019||Rescheduled.|
|Feb 25 2019||DISTRIBUTED for Conference of 3/1/2019.|
|Mar 11 2019||DISTRIBUTED for Conference of 3/15/2019.|
|Mar 18 2019||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Dec 09 2019||Brief amicus curiae of United States filed.|
|Dec 23 2019||DISTRIBUTED for Conference of 1/10/2020.|
|Dec 23 2019||Supplemental brief of respondent Walgreen, Co. filed.|
|Dec 23 2019||Supplemental brief of petitioner Darrell Patterson filed. (Distributed)|
|Jan 13 2020||DISTRIBUTED for Conference of 1/17/2020.|
|Jan 21 2020||DISTRIBUTED for Conference of 1/24/2020.|
|Feb 14 2020||DISTRIBUTED for Conference of 2/21/2020.|
|Feb 24 2020||Petition DENIED. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, concurring in the denial of certiorari. (Detached Opinion)|
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