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Altitude Express Inc. v. Zarda

Docket No.17-1623
Op. Below2d Cir.
ArgumentOct 8, 2019
Vote6-3

Holding

An employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964.

Judgment

Affirmed, 6-3, in an opinion by Neil Gorsuch on Jun 15, 2020. Justice Alito filed a dissenting opinion, in which Justice Thomas joined. Justice Kavanaugh filed a dissenting opinion.

Proceedings & orders timeline

May 29, 2018
Petition for a writ of certiorari filed. (Response due July 2, 2018)
Jun 19, 2018
Motion to extend the time to file a response from July 2, 2018 to August 16, 2018, submitted to The Clerk.
Jun 21, 2018
Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2018.
Jul 2, 2018
Brief amici curiae of Public Advocate of the United States, et al. filed.
Aug 16, 2018
Brief of respondents Melissa Zarda, et al. in opposition filed.
Sep 4, 2018
Reply of petitioners Altitude Express, Inc., et al. filed. (Distributed)
Sep 5, 2018
DISTRIBUTED for Conference of 9/24/2018.
Sep 11, 2018
Rescheduled.
Nov 7, 2018
DISTRIBUTED for Conference of 11/30/2018.
Nov 26, 2018
Rescheduled.
Dec 3, 2018
DISTRIBUTED for Conference of 12/7/2018.
Dec 3, 2018
Rescheduled.
Dec 20, 2018
DISTRIBUTED for Conference of 1/4/2019.
Jan 7, 2019
DISTRIBUTED for Conference of 1/11/2019.
Jan 14, 2019
DISTRIBUTED for Conference of 1/18/2019.
Feb 4, 2019
DISTRIBUTED for Conference of 2/15/2019.
Feb 19, 2019
DISTRIBUTED for Conference of 2/22/2019.
Feb 25, 2019
DISTRIBUTED for Conference of 3/1/2019.
Mar 11, 2019
DISTRIBUTED for Conference of 3/15/2019.
Mar 18, 2019
DISTRIBUTED for Conference of 3/22/2019.
Mar 25, 2019
DISTRIBUTED for Conference of 3/29/2019.
Apr 8, 2019
DISTRIBUTED for Conference of 4/12/2019.
Apr 15, 2019
DISTRIBUTED for Conference of 4/18/2019.
Apr 22, 2019
Petition GRANTED. The petition for writ of certiorari in No. 17-1618 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Apr 23, 2019
Because 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. 17-1618. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1618. 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 fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
May 13, 2019
Petitioner 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.
Jul 1, 2019
SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED
Aug 1, 2019
CIRCULATED
Aug 16, 2019
Record requested from the U.S.C.A. 2nd Circuit.
Aug 20, 2019
Record received from the U.S.C.A. 2nd Circuit is electronic.
Oct 8, 2019
Argued. For petitioner in 17-1618 and respondents in 17-1623: Pamela S. Karlan, Stanford, Cal. For respondent in 17-1618 and petitioners in 17-1623: Jeffrey M. Harris, Arlington, Va.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
Jun 15, 2020
Adjudged to be AFFIRMED (Reversed and remanded in No. 17-1618). Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined. Kavanaugh, J., filed a dissenting opinion. (Opinion also for No. 18-107). VIDED.
Jul 17, 2020
JUDGMENT ISSUED.
Jul 31, 2020
AMENDED JUDGMENT ISSUED.
Aug 6, 2020
SECOND AMENDED JUDGMENT ISSUED.

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