Klein v. Oregon Bureau of Labor and Industries
Petition granted, judgment vacated and case remanded for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission on June 17, 2019.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-547 | Or. Ct. App. | N/A | N/A | N/A | N/A | OT 2018 |
Issue: (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith"s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine"s precedential status.
SCOTUSblog Coverage
- Monday at the Supreme Court: Four opinions and a GVR (SCOTUStalk, June 19, 2019)
- Justices send cake sequel back to state court (Amy Howe, June 17, 2019)
- Academic highlight: The need for transparency in state attorneys general amicus briefs (Lisa Grumet, June 6, 2019)
- Masterpiece Cakeshop question returns to the Supreme Court (Amy Howe, October 22, 2018)
| Date | Proceedings and Orders |
|---|---|
| 09/06/2018 | Application (18A246) to extend the time to file a petition for a writ of certiorari from September 19, 2018 to October 19, 2018, submitted to The Chief Justice. |
| 09/12/2018 | Application (18A246) granted by The Chief Justice extending the time to file until October 19, 2018. |
| 10/19/2018 | Petition for a writ of certiorari filed. (Response due November 26, 2018) |
| 10/31/2018 | Blanket Consent filed by Respondent, Oregon Bureau of Labor and Industries. |
| 11/08/2018 | Blanket Consent filed by Petitioners, Melissa Elaine Klein, et vir. |
| 11/14/2018 | Brief amicus curiae of Institute for Faith and Family filed. |
| 11/15/2018 | Motion to extend the time to file a response from November 26, 2018 to December 26, 2018, submitted to The Clerk. |
| 11/16/2018 | Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2018. |
| 11/21/2018 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 11/21/2018 | Brief amicus curiae of Southeastern Legal Foundation filed. |
| 11/26/2018 | Brief amicus curiae of Foundation for Moral Law filed. |
| 11/26/2018 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| 11/26/2018 | Brief amicus curiae of Thomas More Society filed. |
| 11/26/2018 | Brief amici curiae of The States of Texas, et al. filed. |
| 11/26/2018 | Brief amici curiae of The Cato Institute, et al. filed. |
| 11/26/2018 | Brief amici curiae of Public Advocate of the United States, et al. filed. |
| 11/26/2018 | Brief amici curiae of Billy Graham Evangelistic Association, et. al filed. |
| 12/14/2018 | Motion to extend the time to file a response from December 26, 2018 to January 25, 2019, submitted to The Clerk. |
| 12/20/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including January 25, 2019. |
| 01/25/2019 | Brief of respondent Oregon Bureau of Labor and Industries in opposition filed. |
| 02/11/2019 | Reply of petitioners Melissa Elaine Klein, et vir filed. (Distributed) |
| 02/13/2019 | DISTRIBUTED for Conference of 3/1/2019. |
| 02/28/2019 | Rescheduled. |
| 03/11/2019 | DISTRIBUTED for Conference of 3/15/2019. |
| 03/14/2019 | Rescheduled. |
| 03/18/2019 | DISTRIBUTED for Conference of 3/22/2019. |
| 03/21/2019 | Rescheduled. |
| 03/25/2019 | DISTRIBUTED for Conference of 3/29/2019. |
| 04/08/2019 | DISTRIBUTED for Conference of 4/12/2019. |
| 04/15/2019 | DISTRIBUTED for Conference of 4/18/2019. |
| 04/22/2019 | DISTRIBUTED for Conference of 4/26/2019. |
| 05/06/2019 | DISTRIBUTED for Conference of 5/9/2019. |
| 05/13/2019 | DISTRIBUTED for Conference of 5/16/2019. |
| 05/20/2019 | DISTRIBUTED for Conference of 5/23/2019. |
| 05/28/2019 | DISTRIBUTED for Conference of 5/30/2019. |
| 06/03/2019 | DISTRIBUTED for Conference of 6/6/2019. |
| 06/10/2019 | DISTRIBUTED for Conference of 6/13/2019. |
| 06/17/2019 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 584 U. S. ____ (2018). |
| 07/19/2019 | JUDGMENT ISSUED. |
| 07/19/2019 | MANDATE ISSUED. |