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Ramirez v. Collier

Docket No. Op. Below Argument Opinion Vote Author Term
21-5592 5th Cir. Nov 1, 2021
TBD TBD TBD OT 2021

Issues: (1) Whether, consistent with the free exercise clause and Religious Land Use and Institutionalized Persons Act, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from laying his hands on his parishioner as he dies, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest; and (2) whether, considering the free exercise clause and RLUIPA, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from singing prayers, saying prayers or scripture, or whispering prayers or scripture, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest.

DateProceedings and Orders (key to color coding)
Sep 07 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2021)
Sep 07 2021Application (21A33) for a stay of execution of sentence of death, submitted to Justice Alito.
Sep 07 2021Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by The Becket Fund for Religious Liberty.
Sep 08 2021Brief of respondent Collier, Bryan, et al. in opposition filed.
Sep 08 2021Reply of applicant John H. Ramirez filed.
Sep 08 2021Application (21A33) referred to the Court.
Sep 08 2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Sep 08 2021The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in October or November 2021.
Sep 09 2021This case is set for argument on Monday, November 1, 2021. Petitioner's brief on the merits, and any amicus curiae briefs in support of petitioner or in support of neither party, are to be filed on or before Monday, September 27, 2021. Respondents' brief on the merits, and any amicus curiae briefs in support of respondents, are to be filed on or before Friday, October 15, 2021. Petitioner's reply brief is due on or before 2 p.m., Monday, October 25, 2021.
Sep 09 2021ARGUMENT SET FOR Monday, November 1, 2021.
Sep 10 2021The parties are directed to submit briefs that address whether petitioner adequately exhausted his audible prayer claim under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). The parties are also directed to address whether petitioner has satisfied his burden under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) to demonstrate that a sincerely held religious belief has been substantially burdened by restrictions on either audible prayer or physical contact. The parties are further directed to address whether the government has satisfied its burden under RLUIPA to demonstrate its policy is the least restrictive means of advancing a compelling government interest. Finally, the parties are directed to address the type of equitable relief petitioner is seeking, the appropriate standard for this relief, and whether that standard has been met here. See Hill v. McDonough, 547 U. S. 573, 584 (2006) (setting forth a four- factor test for equitable relief). The parties may address other relevant issues, avoiding repetition of discussion in prior briefing.
Sep 13 2021Consent to the filing of amicus briefs received from counsel for Bryan Collier submitted.
Sep 13 2021Consent to the filing of amicus briefs received from counsel for John Ramirez submitted.