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Shurtleff v. City of Boston

Docket No. Op. Below Argument Opinion Vote Author Term
20-1800 1st Cir. Jan 18, 2022 May 2, 2022 9-0 Breyer OT 2021

Holding: Because Boston’s flag-raising program did not constitute government speech, Boston’s refusal to let petitioners fly their flag violated the free speech clause of the First Amendment.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Breyer on May 2, 2022. Justice Kavanaugh filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment, in which Justices Thomas and Gorsuch joined. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined.

DateProceedings and Orders (key to color coding)
Jun 21 2021Petition for a writ of certiorari filed. (Response due July 26, 2021)
Jul 23 2021Brief of respondents City of Boston, et al. in opposition filed.
Jul 26 2021Brief amici curiae of Congressional Prayer Caucus Foundation, et al. filed.
Aug 11 2021DISTRIBUTED for Conference of 9/27/2021.
Sep 17 2021Reply of petitioners Harold Shurtleff, et al. filed. (Distributed)
Sep 30 2021Petition GRANTED.
Oct 27 2021Blanket Consent filed by Petitioner, Harold Shurtleff, et al.
Nov 02 2021Blanket Consent filed by Respondent, City of Boston, et al.
Nov 12 2021Motion to dispense with printing the joint appendix filed by petitioners Harold Shurtleff, et al.
Nov 15 2021Brief of petitioners Harold Shurtleff, et al. filed.
Nov 16 2021Brief amicus curiae of Foundation for Moral Law filed.
Nov 17 2021ARGUMENT SET FOR Tuesday, January 18, 2022.
Nov 17 2021Record requested from the U.S.C.A. 1st Circuit.
Nov 17 2021Brief amicus curiae of Liberty, Life and Law Foundation filed.
Nov 19 2021Brief amicus curiae of Pacific Legal Foundation filed.
Nov 22 2021Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 22 2021Brief amicus curiae of Bronx Household of Faith filed.
Nov 22 2021Brief amici curiae of American Civil Liberties Union and American Civil Liberties Union of Massachusetts filed.
Nov 22 2021Brief amicus curiae of American Cornerstone Institute filed.
Nov 22 2021Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Nov 22 2021Brief amicus curiae of United States filed.
Nov 22 2021Brief amicus curiae of Notre Dame Law School Religious Liberty Initiative filed.
Nov 22 2021Brief amicus curiae of The American Legion filed.
Nov 22 2021Brief amicus curiae of The Rutherford Institute filed.
Nov 22 2021Brief amicus curiae of Thomas More Society filed.
Nov 22 2021Brief amici curiae of Congressional Prayer Caucus Foundation, et al. filed.
Nov 22 2021Brief amicus curiae of Protect the First Foundation filed.
Nov 22 2021Brief amicus curiae of CatholicVote.org Education Fund filed.
Nov 22 2021Brief amici curiae of Advancing American Freedom and Faith & Freedom Coalition filed.
Nov 22 2021Brief amici curiae of Kentucky, et al. filed.
Nov 30 2021The record from the U.S.D.C. Dist. of Massachusetts is electronic and located on Pacer.
Nov 30 2021The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer.
Dec 14 2021CIRCULATED
Dec 15 2021Brief of respondents City of Boston, et al. filed. (Distributed)
Dec 20 2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Dec 22 2021Brief amici curiae of National Council of the Churches of Christ in the USA, et al. filed. (Distributed)
Dec 22 2021Brief amici curiae of Massachusetts, et al. filed. (Distributed)
Dec 22 2021Brief amici curiae of Jewish Alliance for Law and Social Action, et al. filed. (Distributed)
Dec 22 2021Brief amici curiae of Local Government Organizations filed. (Distributed)
Dec 22 2021Brief amici curiae of Freedom From Religion Foundation and Center for Inquiry filed. (Distributed)
Dec 22 2021Brief amicus curiae of Anti-Defamation League filed. (Distributed)
Jan 07 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Jan 07 2022Reply of Harold Shurtleff, et al. not accepted for filing. (Corrected version submitted)(January 11, 2022)
Jan 07 2022Reply of petitioners Harold Shurtleff, et al. filed. (Distributed)
Jan 18 2022Argued. For petitioners: Mathew Staver, Orlando, Fla.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Douglas Hallward-Driemeier, Washington, D. C.
May 02 2022Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Kavanaugh, J., filed a concurring opinion. Alito, J., filed an opinion concurring in the judgment, in which Thomas and Gorsuch, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined.