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R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission

Docket No. Op. Below Argument Opinion Vote Author Term
18-107 6th Cir. Oct 8, 2019
Tr.Aud.
TBD TBD TBD 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 respondent Stephens in this case.

Issue: Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 11 2018Application (17A1267) to extend the time to file a petition for a writ of certiorari from June 5, 2018 to August 3, 2018, submitted to Justice Kagan.
May 16 2018Application (17A1267) granted by Justice Kagan extending the time to file until August 3, 2018.
Jul 20 2018Petition for a writ of certiorari filed. (Response due August 23, 2018)
Jul 30 2018Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
Aug 08 2018Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
Aug 14 2018Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
Aug 15 2018Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018, for all respondents.
Aug 15 2018Blanket Consent filed by Petitioner, R.G. & G.R. Harris Funeral Homes, Inc.
Aug 23 2018Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
Aug 23 2018Brief amicus curiae of Foundation for Moral Law filed.
Aug 23 2018Brief amici curiae of States of Nebraska, et al. filed.
Aug 23 2018Brief amici curiae of Public Advocate of the United States, et al. filed.
Sep 13 2018Letter of September 13, 2018 from counsel for petitioner filed.
Sep 17 2018Motion to extend the time to file a response from September 24, 2018 to October 24, 2018, submitted to The Clerk.
Sep 18 2018The motions to extend the time to file responses are granted and the time is further extended to and including October 24, 2018, for all respondents.
Oct 24 2018Brief of Federal Respondent in opposition filed.
Oct 24 2018Brief of respondent Aimee Stephens in opposition filed.
Nov 06 2018Reply of petitioner R.G. & G.R. Harris Funeral Homes, Inc. filed.
Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
Nov 26 2018Rescheduled.
Dec 03 2018DISTRIBUTED for Conference of 12/7/2018.
Dec 03 2018Rescheduled.
Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 15 2019Letter of February 13, 2019 from counsel for petitioners received. (Distributed)
Feb 19 2019DISTRIBUTED for Conference of 2/22/2019.
Feb 25 2019DISTRIBUTED for Conference of 3/1/2019.
Mar 11 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019DISTRIBUTED for Conference of 3/22/2019.
Mar 25 2019DISTRIBUTED for Conference of 3/29/2019.
Apr 08 2019DISTRIBUTED for Conference of 4/12/2019.
Apr 15 2019DISTRIBUTED for Conference of 4/18/2019.
Apr 22 2019Petition GRANTED limited to the following question: Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins, 490 U. S. 228 (1989).
May 09 2019Briefing proposal from the parties in Nos. 17-1618, 17-1623, and 18-107 filed. VIDED.
May 10 2019Blanket Consent filed by Petitioner, R.G. & G.R. Harris Funeral Homes, Inc.
May 13 2019Petitioner in No. 17-1618, respondents in No. 17-1623, and respondent Aimee Stephens in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(v), on or before Wednesday, June 26, 2019. Respondent in No. 17-1618, petitioners in No. 17-1623, and petitioner and respondent EEOC in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(vi), on or before Friday, August 16, 2019. Reply briefs, if any, pursuant to Rule 33.1(g)(vii), shall be filed on or before Monday, September 16, 2019. Amicus curiae briefs shall be filed pursuant to Rule 37.3. VIDED.
May 30 2019Blanket Consent filed by Respondent, Equal Employment Opportunity Commission
Jun 05 2019Letter from counsel for respondent Aimee Stephens, petitioner in 17-1618, and respondents in 17-1623, regarding requests for consent to file amicus curiae briefs filed. VIDED
Jun 06 2019Joint appendix filed. (Statement of costs filed)
Jun 26 2019Brief of respondent Aimee Stephens filed.
Jul 01 2019SET FOR ARGUMENT on Tuesday, October 8, 2019.
Jul 02 2019Brief amici curiae of The Women’s and Children’s Advocacy Project, Equal Means Equal, and Allies Reaching for Equality filed (also in 17-1618 & 17-1623). VIDED.
Jul 02 2019Brief amici curiae of Transgender Legal Defense & Education Fund and 33 Organizations Serving Transgender Individuals filed.
Jul 03 2019Brief amici curiae of Employment Discrimination Law Scholars filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Amicus brief of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession not accepted for filing. (Duplicate submission)
Jul 03 2019Brief amici curiae of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amicus curiae of Altria Group, Inc. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of William N. Eskridge Jr. and Andrew M. Koppelman filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Professors Samuel R. Bagenstos, Michael C. Dorf, Martin S. Lederman, Leah M. Litman, and Margo Schlanger filed.
Jul 03 2019Brief amici curiae of Anti-Discrimination Scholars filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Anti-sexual Assault, Domestic Violence, and Gender-based Violence Organizations filed.
Jul 03 2019Brief amici curiae of Brief of Scholars Who Study the Transgender Population filed.
Jul 03 2019Brief amicus curiae of Legal Aid Society filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Statutory Interpretation and Equality Law Scholars filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of The Southern Poverty Law Center, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of 206 Businesses filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Modern Military Association of America and Transgender American Veterans Association filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of States of Illinois, New York, et al. filed (also 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Philosophy Professors filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Historians filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of National Education Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amicus curiae of American Bar Association filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Joinder Letter from Counsel for Intel Corporation of Intel Corporation not accepted for filing. (July 05, 2019)
Jul 03 2019Brief amici curiae of InterACT: Advocates for Intersex Youth, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Business Organizations filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of The Trevor Project, PFLAG, and Family Equality filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Muslim Bar Association of New York, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of The American Medical Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Law & History Professors filed.
Jul 03 2019Brief amici curiae of Local Governments and Mayors filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of National LGBT Bar Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Kenneth B. Mehlman, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Corpus-Linguistics Scholars Professors Brian Slocum, et al. filed (also in 17-1618 & 17-1623). VIDED
Jul 03 2019Brief amici curiae of The Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Former Executive Branch Officials and Leaders, et al. filed (alos in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Members of Congress filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed.
Jul 03 2019Brief amici curiae of Women CEOs and Other C-Suite Executives filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Amicus brief of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. not accepted for filing. (Corrected version submitted).
Jul 03 2019Brief amici curiae of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. filed (July 10, 2019); (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Transgender Law Center, Center for Constitutional Rights, and 44 Other Non-Profit and Grassroots Organizations filed.
Jul 03 2019Brief amici curiae of Wisconsin Advcocacy Organizations filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Walter Dellinger, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of American Psychological Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amicus curiae of National Women's Law Center filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Wisconsin Advocacy Organizations filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Impact Fund, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019Brief amici curiae of Service Employees International Union, et al. (also in 17-1618 & 17-1623) filed. VIDED.
Jul 03 2019Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, and 57 Civil Rights Organizations filed (also in 17-1618 & 17-1623). VIDED.
Jul 09 2019Brief amicus curiae of Georgia Equality filed (also in 17-1618 & 17-1623). VIDED.
Aug 01 2019CIRCULATED
Aug 16 2019Brief of petitioner R.G. & G.R. Harris Funeral Homes, Inc. filed. (Distributed)
Aug 16 2019Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Aug 16 2019Brief of respondent Equal Employment Opportunity Commission filed. (Distributed)
Aug 16 2019Record requested from the U.S.C.A. 6th Circuit.
Aug 16 2019Record received from the U.S.C.A. 6th Circuit is electronic.
Aug 20 2019Brief amicus curiae of The H.T. Hackney Co. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 20 2019Brief amicus curiae of Women's Liberation Front filed. (Distributed)
Aug 20 2019Brief amicus curiae of Center for Arizona Policy filed. (Distributed)
Aug 20 2019Brief amicus curiae of First Liberty Institute filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 21 2019Brief amicus curiae of Advocates for Faith and Freedom filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 21 2019Brief amici curiae of Defend My Privacy, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 21 2019Brief amicus curiae of Ryan T. Anderson filed (also in 17-1623). VIDED. (Distributed)
Aug 21 2019Brief amicus curiae of David A. Robinson filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 21 2019Brief amicus curiae of Great Lakes Justice Center filed. (Distributed)
Aug 22 2019Motion for divided argument filed by the Solicitor General.
Aug 22 2019Brief amicus curiae of New Civil Liberties Alliance filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019Brief amicus curiae of Dr. Paul R. McHugh, M.D., Professor of Psychiatry filed. (Distributed)
Aug 22 2019Brief amici curiae of Institute for Faith and Family and Christian Family Coalition filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019Brief amicus curiae of Free Speech Advocates filed. (Distributed)
Aug 22 2019Brief amici curiae of Scholars of Philosophy, Theology, Law, Politics, History, Literature, and the Sciences filed. (Distributed)
Aug 22 2019Brief amici curiae of Independent Women's Forum, et al. filed. (Distributed)
Aug 22 2019Brief amici curiae of National Medical and Policy Groups That Study Sex and Gender Identity filed. (Distributed)
Aug 22 2019Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed)
Aug 22 2019Brief amici curiae of National Association of Evangelicals, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019Brief amici curiae of Billy Graham Evangelistic Association, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019Brief amicus curiae of American Public Philosophy Institute filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. (Distributed)
Aug 23 2019Brief amici curiae of Members of Congress filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019Brief amicus curiae of Center for Religious Expression filed. (Distributed)
Aug 23 2019Brief amici curiae of Council of Christian Colleges & Universities, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019Brief amici curiae of Religious Freedom Institute's Islam & Religious Freedom Action Team, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019Brief amici curiae of States of Tennessee, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019Brief amici curiae of Scholars of Family and Sexuality filed. (Distributed)
Aug 23 2019Brief amici curiae of Business Organizations filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019Brief amici curiae of Walt Heyer, et al. filed. (Distributed)
Aug 23 2019Brief amici curiae of Women Business Owners and CEOs filed. (Distributed)
Aug 23 2019Brief amici curiae of Public Advocate of the United States, et al. filed. (Distributed)
Aug 23 2019Brief amicus curiae of William J. Bennett filed. (Distributed)
Aug 23 2019Brief amicus curiae of Liberty Counsel filed. (Distributed)
Aug 23 2019Brief amici curiae of Family Policy Groups filed. (Distributed)
Aug 23 2019Brief amicus curiae of Christian Employers Alliance filed. (Distributed)
Aug 23 2019Brief amicus curiae of Judicial Watch, Inc. filed. (Distributed)
Aug 23 2019Brief amicus curiae of Military Spouses United filed. (Distributed)
Sep 10 2019Reply of respondent Aimee Stephens filed. (Distributed)
Sep 11 2019Motion for divided argument filed by respondent GRANTED.
Oct 08 2019Argued. For respondent Aimee Stephens: David D. Cole, New York, N. Y. For petitioner: John J. Bursch, Washington, D. C. For respondent Equal Employment Opportunity Commission in support of reversal: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C.
 
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