Maryland-National Capital Park and Planning Commission v. American Humanist Association

Consolidated with:

The American Legion v. American Humanist Association

Docket No.	Argument	Opinion	Vote	Author	Term
18-18	Feb 27, 2019	Jun 20, 2019	7-2	Alito	OT 2018

Holding: The Bladensburg Cross does not violate the establishment clause of the First Amendment.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Alito on June 20, 2019. Justice Alito announced the judgment of the Supreme Court and delivered the opinion of the court with respect to Parts I, II"B, II"C, III, and IV, in which Chief Justice Roberts and Justices Breyer, Kagan, and Kavanaugh joined, and an opinion with respect to Parts II"A and II"D, in which Chief Justice Roberts and Justices Breyer and Kavanaugh joined. Justice Breyer filed a concurring opinion, in which Justice Kagan joined. Justice Kavanaugh filed a concurring opinion. Justice Kagan filed an opinion concurring in part. Justice Thomas filed an opinion concurring in the judgment. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

Symposium: Decision does not support new Christian-only monuments (Holly Hollman, June 21, 2019)
Symposium: More light than heat (Michael Stokes Paulsen, June 21, 2019)
Symposium: A splintered court leaves the Bladensburg Cross intact (Ira Lupu and Robert Tuttle, June 21, 2019)
Symposium: A monumental decision? (Andrée Blumstein, June 21, 2019)
Symposium: American Legion lays the groundwork for the downfall of Lemon (Travis Weber, June 21, 2019)
A "view" from the courtroom: "Quite prolific in our writing" (Mark Walsh, June 20, 2019)
Symposium: The cross may stand, though it offends (Harvey Weiner, June 20, 2019)
Opinion analysis: Justices allow "peace cross" to stand (Updated) (Amy Howe, June 20, 2019)
The final three weeks of October term 2018 (SCOTUStalk, June 10, 2019)
SCOTUStalk: Justices confront constitutional "hot mess" in Peace Cross case (SCOTUStalk, March 1, 2019)
Argument analysis: Peace cross appears safe, if not stable (Amy Howe, February 27, 2019)
Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land (Amy Howe, February 21, 2019)
Symposium: Crosses and constitutional clarity (Lindsay See, December 13, 2018)
Symposium: Cross purposes -- Why a Christian symbol cant memorialize all war dead (Richard B. Katskee, December 13, 2018)
Symposium: Three establishment clause paths (Luke Goodrich, December 12, 2018)
Symposium: The establishment clause strictly prohibits government preference for one faith -- That could change with the Bladensburg Cross case (Heather Weaver, December 12, 2018)
Symposium: The end of a walking dead doctrine? (Richard Garnett, December 11, 2018)
Symposium: Supreme Court at the crossroads of the establishment clause as it considers a cross (Marci Hamilton, December 11, 2018)
Justices to consider constitutionality of cross-shaped war memorial on public land: In Plain English (Amy Howe, December 10, 2018)
OT2018 #7: "Now Who's the Legal Realist?" (First Mondays, November 12, 2018)
Busy afternoon at the Supreme Court: Six grants and one reargument order, but no stay in census dispute (Amy Howe, November 2, 2018)
Petitions of the week (Aurora Barnes, July 16, 2018)

Date	Proceedings and Orders (key to color coding)
04/24/2018	Application (17A1175) to extend the time to file a petition for a writ of certiorari from May 30, 2018 to June 29, 2018, submitted to The Chief Justice.
05/09/2018	Application (17A1175) granted by The Chief Justice extending the time to file until June 29, 2018.
06/29/2018	Petition for a writ of certiorari filed. (Response due August 2, 2018)
07/12/2018	Blanket Consent filed by Respondents, The American Legion, The American Legion Department of Maryland, and The American Legion Colmar Manor Post 131.
07/13/2018	Blanket Consent filed by Petitioner, Maryland-National Capital Park and Planning Commission.
07/25/2018	Brief amicus curiae of American Center for Law & Justice filed. VIDED.
07/26/2018	Brief amicus curiae of Military Order of the Purple Heart filed. VIDED.
07/27/2018	Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.(Corrected brief to be resubmitted)
07/27/2018	Brief amici curiae of Retired Generals and Flag Officers filed. VIDED.
07/27/2018	Brief amici curiae of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials filed. VIDED.
07/27/2018	Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED.
07/27/2018	Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed. VIDED
07/27/2018	Brief amicus curiae of International Municipal Lawyers Association filed. VIDED.
07/27/2018	Brief amici curiae of 109 United States Senators and Members of the United States House of Representatives filed. VIDED.
07/27/2018	Brief amici curiae of State of West Virginia, 27 Other States & the Governor of Kentucky filed. VIDED.
07/27/2018	Brief amici curiae of Maryland Elected Officials filed. VIDED
07/27/2018	Brief amici curiae of Medal of Honor Recipients filed. VIDED.
07/27/2018	Brief amici curiae of Veterans of Foreign Wars of the United States, et al. filed. VIDED.
07/27/2018	Brief amicus curiae of The Town of Taos, New Mexico filed. VIDED.
07/27/2018	Corrected brief amici curiae of The Becket Fund for Religious Liberty filed. VIDED.
08/01/2018	Brief amicus curiae of Foundation for Moral Law filed.
08/02/2018	Brief amicus curiae of Prince George's County, Maryland filed.
08/02/2018	Brief amicus curiae of The Rutherford Institute filed.
08/02/2018	Brief of respondents American Humanist Association, et al. in opposition filed.
08/02/2018	Brief amicus curiae of State of Maryland filed.
08/02/2018	Brief amici curiae of Veterans in Defense of Liberty, et al. filed.
08/21/2018	Reply of petitioner Maryland-National Capital Park and Planning Commission filed.
08/22/2018	DISTRIBUTED for Conference of 9/24/2018.
10/01/2018	DISTRIBUTED for Conference of 10/5/2018.
10/09/2018	DISTRIBUTED for Conference of 10/12/2018.
10/22/2018	DISTRIBUTED for Conference of 10/26/2018.
10/29/2018	DISTRIBUTED for Conference of 11/2/2018.
11/02/2018	Petition GRANTED. The petition for a writ of certiorari in No. 17-1717 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
11/02/2018	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. 17-1717. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1717. 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 flings is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
12/21/2018	SET FOR ARGUMENT on Wednesday, February 27, 2019. VIDED.
01/11/2019	Record requested from the U.S.C.A. 4th Circuit.
01/15/2019	CIRCULATED
02/27/2019	Argued. For petitioner in 18-18: Neal K. Katyal, Washington, D. C. For petitioners in 17-1717: Michael A. Carvin, Washington, D. C. For United States, as amicus curiae, supporting petitioners: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Monica L. Miller, Washington, D. C. VIDED.
06/20/2019	Judgment REVERSED and case REMANDED. Alito, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, II–C, III, and IV, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined, and an opinion with respect to Parts II–A and II–D, in which Roberts, C. J., and Breyer and Kavanaugh, JJ., joined. Breyer, J., filed a concurring opinion, in which Kagan, J., joined. Kavanaugh, J., filed a concurring opinion. Kagan, J., filed an opinion concurring in part. Thomas, J., filed an opinion concurring in the judgment. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined. VIDED.
07/22/2019	JUDGMENT ISSUED.