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Apache Stronghold v. United States

Certiorari Denied

Petition for certiorari denied on May 27, 2025.

Docket No.24-291
Op. Below9th Cir.

Issue

Whether the government "substantially burdens" religious exercise under the Religious Freedom Restoration Act, or must satisfy heightened scrutiny under the free exercise clause of the First Amendment, when it singles out a sacred site for complete physical destruction, ending specific religious rituals forever.

Proceedings & orders timeline

Jul 26, 2024
Application (24A110) to extend the time to file a petition for a writ of certiorari from August 12, 2024 to September 11, 2024, submitted to Justice Kagan.
Aug 1, 2024
Application (24A110) granted by Justice Kagan extending the time to file until September 11, 2024.
Sep 11, 2024
Petition for a writ of certiorari filed. (Response due October 15, 2024)
Sep 27, 2024
Motion to extend the time to file a response from October 15, 2024 to October 22, 2024, submitted to The Clerk.
Oct 1, 2024
Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2024, for all respondents.
Oct 14, 2024
Brief amici curiae of 85 Religious Organizations filed.
Oct 15, 2024
Brief amici curiae of San Carlos Apache Tribe, et al. filed.
Oct 15, 2024
Brief amici curiae of Christian Legal Society, et al. filed.
Oct 15, 2024
Brief amici curiae of The Sikh Coalition, et al. filed.
Oct 15, 2024
Brief amici curiae of Religious Freedom Institute, et al. filed.
Oct 15, 2024
Brief amici curiae of Chaplain Alliance for Religious Liberty, et al. filed.
Oct 15, 2024
Brief amici curiae of Senator Mike Lee, et al. filed.
Oct 15, 2024
Brief amici curiae of Young America's Foundation, et al. filed.
Oct 15, 2024
Brief amici curiae of Presiding Bishop of the Episcopal Church, et al. filed.
Oct 15, 2024
Brief amici curiae of 52 Tribal Nations and Organizations filed.
Oct 15, 2024
Brief amici curiae of Oklahoma, et al. filed.
Oct 15, 2024
Brief amicus curiae of the Knights of Columbus filed.
Oct 15, 2024
Brief amici curiae of Apache Elder Ramon Riley, et al. filed.
Oct 15, 2024
Brief amici curiae of Religious Liberty Law Scholars filed.
Oct 15, 2024
Brief amici curiae of the Presbyterian Church (U.S.A), et al. not accepted for filing. (October 23, 2024 - Corrected brief to be submitted)
Oct 15, 2024
Brief amici curiae of the Presbyterian Church (U.S.A), et al. filed.
Oct 22, 2024
Brief of Federal Respondents in opposition filed.
Oct 22, 2024
Brief of respondent Resolution Copper Mining, LLC in opposition filed.
Nov 6, 2024
DISTRIBUTED for Conference of 11/22/2024.
Nov 6, 2024
Reply of petitioner Apache Stronghold filed. (Distributed)
Nov 19, 2024
Rescheduled.
Dec 2, 2024
DISTRIBUTED for Conference of 12/6/2024.
Dec 9, 2024
DISTRIBUTED for Conference of 12/13/2024.
Jan 6, 2025
DISTRIBUTED for Conference of 1/10/2025.
Jan 13, 2025
DISTRIBUTED for Conference of 1/17/2025.
Jan 21, 2025
DISTRIBUTED for Conference of 1/24/2025.
Feb 14, 2025
DISTRIBUTED for Conference of 2/21/2025.
Feb 24, 2025
DISTRIBUTED for Conference of 2/28/2025.
Mar 3, 2025
DISTRIBUTED for Conference of 3/7/2025.
Mar 17, 2025
DISTRIBUTED for Conference of 3/21/2025.
Mar 24, 2025
DISTRIBUTED for Conference of 3/28/2025.
Mar 31, 2025
DISTRIBUTED for Conference of 4/4/2025.
Apr 14, 2025
DISTRIBUTED for Conference of 4/17/2025.
Apr 18, 2025
Letter from counsel for petitioner filed. (Distributed)
Apr 21, 2025
DISTRIBUTED for Conference of 4/25/2025.
Apr 21, 2025
Letter from counsel for respondent Resolution Copper Mining, LLC filed. (Distributed)
Apr 21, 2025
Letter from the Solicitor General filed. (Distributed)
Apr 24, 2025
Letter from counsel for petitioner filed. (Distributed)
Apr 28, 2025
DISTRIBUTED for Conference of 5/2/2025.
May 12, 2025
DISTRIBUTED for Conference of 5/15/2025.
May 12, 2025
Letter from counsel for petitioner filed.
May 13, 2025
Letter from the Solicitor General filed.
May 19, 2025
DISTRIBUTED for Conference of 5/22/2025.
May 27, 2025
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. Justice Gorsuch, with whom Justice Thomas joins, dissenting from the denial of certiorari. (Detached Opinion)
Jun 23, 2025
Petition for Rehearing filed.
Jul 3, 2025
Supplemental brief of petitioner Apache Stronghold in Support of Rehearing filed.
Jul 24, 2025
DISTRIBUTED.
Sep 10, 2025
DISTRIBUTED for Conference of 9/29/2025.
Oct 6, 2025
Rehearing DENIED. Justice Gorsuch would grant the petition for rehearing. Justice Alito took no part in the consideration or decision of this petition.

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