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The American Legion v. American Humanist Association

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
17-1717 4th Cir. Feb 27, 2019 Jun 20, 2019 7-2 Alito OT 2018

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the petitioners in this case.

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

DateProceedings and Orders (key to color coding)
Apr 30 2018Application (17A1201) 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.
May 03 2018Application (17A1201) granted by The Chief Justice extending the time to file until June 29, 2018.
Jun 25 2018Petition for a writ of certiorari filed. (Response due July 27, 2018)
Jul 12 2018Blanket Consent filed by Petitioners, The American Legion, et al..
Jul 13 2018Blanket Consent received from counsel of record for Respondent, Maryland-National Capital Park and Planning Commission filed.
Jul 25 2018Brief amicus curiae of American Center for Law & Justice filed. VIDED.
Jul 26 2018Brief amicus curiae of Military Order of the Purple Heart filed. VIDED.
Jul 27 2018Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.(Corrected brief to be resubmitted)
Jul 27 2018Brief amici curiae of Retired Generals and Flag Officers filed. VIDED.
Jul 27 2018Brief amici curiae of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials filed. VIDED.
Jul 27 2018Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED.
Jul 27 2018Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed. VIDED.
Jul 27 2018Brief amicus curiae of International Municipal Lawyers Association filed. VIDED.
Jul 27 2018Brief amici curiae of 109 United States Senators and Members of the United States House of Representatives filed. VIDED.
Jul 27 2018Brief of respondents American Humanist Association, et al. in opposition filed.
Jul 27 2018Brief amici curiae of Citizens United, et al. filed.
Jul 27 2018Brief amicus curiae of Thomas More Law Center filed.
Jul 27 2018Brief amici curiae of State of West Virginia, 27 Other States & the Governor of Kentucky filed. VIDED.
Jul 27 2018Brief amici curiae of Maryland Elected Officials filed. VIDED.
Jul 27 2018Brief amici curiae of Medal of Honor Recipients filed. VIDED.
Jul 27 2018Brief amici curiae of Veterans of Foreign Wars of the United States, et al. filed. VIDED.
Jul 27 2018Brief amicus curiae of The Town of Taos, New Mexico filed. VIDED
Jul 27 2018Corrected brief amici curiae of The Becket Fund for Religious Liberty filed. VIDED.
Aug 21 2018Reply of petitioners The American Legion, et al. filed.
Aug 22 2018DISTRIBUTED for Conference of 9/24/2018.
Oct 01 2018DISTRIBUTED for Conference of 10/5/2018.
Oct 09 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 02 2018Petition GRANTED. The petition for a writ of certiorari in No. 18-18 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Nov 02 2018Because 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 fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Dec 03 2018Blanket Consent filed by Respondents, American Humanist Association, et al..
Dec 03 2018Blanket Consent filed by Maryland-National Capital Park and Planning Commission. VIDED.
Dec 04 2018Blanket Consent filed by The American Legion, et al. VIDED.
Dec 17 2018Application (18A653) of respondents to file a consolidated brief on the merits in excess of the word limit, submitted to The Chief Justice.
Dec 17 2018Joint appendix filed (4 volumes). (Statement of costs filed). VIDED.
Dec 17 2018Brief of petitioners The American Legion, et al. filed (in 17-1717).
Dec 17 2018Brief of petitioner Maryland-National Capital Park and Planning Commission filed (in 18-18).
Dec 18 2018Motion of respondents for an extension of time filed. VIDED.
Dec 18 2018Brief amici curiae of American Association of Christian Schools, et al. filed. VIDED.
Dec 19 2018Brief amicus curiae of Town of Taos, New Mexico filed. VIDED.
Dec 19 2018Brief amicus curiae of Thomas More Law Center filed. VIDED.
Dec 19 2018Brief amicus curiae of Justice and Freedom Fund filed. VIDED.
Dec 20 2018Brief amicus curiae of Wisconsin Institute for Law & Liberty filed. VIDED.
Dec 20 2018Brief amicus curiae of Foundation for Moral Law filed (in 17-1717).
Dec 20 2018Brief amicus curiae of Maryland filed (in 18-18).
Dec 21 2018SET FOR ARGUMENT on Wednesday, February 27, 2019. VIDED.
Dec 21 2018Motion of the respondents for an extension of time to file respondents' brief/s on the merits is granted in part and the time is extended to and including January 23, 2019. VIDED.
Dec 21 2018Application (18A653) to file a consolidated brief on the merits in excess of the word limit granted by The Chief Justice.
Dec 21 2018Brief amici curiae of Retired Generals and Flag Officers filed. VIDED.
Dec 21 2018Brief amicus curiae of The Utah Highway Patrol Association filed. VIDED.
Dec 21 2018Brief amici curiae of Citizens United and Citizens United Foundation filed. VIDED.
Dec 21 2018Brief amici curiae of Medal of Honor Recipients filed. VIDED.
Dec 21 2018Brief amici curiae of Public Advocate of the United States, et al. filed (in 17-1717).
Dec 21 2018Brief amici curiae of National Association of Counties, et al. filed. VIDED.
Dec 21 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Dec 21 2018Brief amicus curiae of Family Research Council filed. VIDED.
Dec 21 2018Brief amici curiae of The National Jewish Commission on Law and Public Affairs ("COLPA"), et al. filed. VIDED.
Dec 21 2018Brief amici curiae of Family Members of Soldiers Named on the Peace Cross filed. VIDED.
Dec 21 2018Brief amicus curiae of Judicial Watch, Inc. filed. VIDED.
Dec 21 2018Amicus brief of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials not accepted for filing. (Corrected certificate of compliance submitted - December 28, 2018)
Dec 21 2018Brief amici curiae of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials filed. VIDED.
Dec 21 2018Brief amici curiae of Veterans of Foreign Wars of the United States, et al. filed. VIDED.
Dec 21 2018Brief amici curiae of American Center for Law & Justice, et al. filed. VIDED.
Dec 21 2018Brief amicus curiae of Liberty Counsel filed. VIDED.
Dec 21 2018Brief amicus curiae of The Rutherford Institute filed. VIDED.
Dec 24 2018Brief amicus curiae of Cato Institute filed. VIDED.
Dec 24 2018Brief amici curiae of State of West Virginia and 29 Other States filed. VIDED.
Dec 24 2018Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.
Dec 26 2018Brief amicus curiae of Kamal S. Kalsi filed. VIDED.
Dec 26 2018Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED.
Dec 26 2018Brief amicus curiae of The American Civil Rights Union filed. VIDED.
Dec 26 2018Brief amici curiae of Various Professors filed. VIDED.
Dec 26 2018Brief amici curiae of 84 United States Senators and Members of the United States House of Representatives filed. VIDED.
Dec 26 2018Brief amici curiae of Veterans in Defense of Liberty, et al. filed. VIDED.
Dec 26 2018Brief amicus curiae of United States filed. VIDED.
Dec 26 2018Brief amici curiae of Professors Walter Dellinger and Martin S. Lederman in support of neither party filed. VIDED.
Dec 26 2018Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed. VIDED.
Dec 26 2018Brief amicus curiae of CatholicVote.org Education Fund filed. (in 17-1717).
Dec 26 2018Brief amici curiae of Maryland Elected Officials and Prince George's County filed. VIDED.
Dec 26 2018Brief amicus curiae of Military Order of the Purple Heart filed. VIDED.
Dec 26 2018Amicus brief of Religious Denominations and Other Religious Institutions not accepted for filing. (January 07, 2019)
Dec 26 2018Brief amici curiae of Religious Denominations and Other Religious Institutions filed. VIDED.
Jan 09 2019Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 09 2019Joint motion of petitioners for enlargement of time for oral argument and for divided argument filed. VIDED.
Jan 11 2019Record requested from the U.S.C.A. 4th Circuit.
Jan 15 2019CIRCULATED
Jan 17 2019Record from the U.S.D.C. District of Maryland Southern Division is electronic and located on PACER.
Jan 22 2019Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 22 2019Joint motion of petitioners for enlargement of time for oral argument and for divided argument GRANTED and the time is divided as follows: 15 minutes for petitioner in No. 18-18, 10 minutes for petitioners in No. 17-1717, 10 minutes for the Acting Solicitor General as amicus curiae, and 35 minutes for respondents. VIDED.
Jan 23 2019Brief of respondent American Humanist Association, et al. filed. VIDED. (Distributed)
Jan 30 2019Brief amici curiae of Religious and Civil-Rights Organizations filed. VIDED. (Distributed)
Jan 30 2019Amicus brief of Law Professors not accepted for filing. (February 11, 2019) (Corrected version Submitted)
Jan 30 2019Brief amici curiae of Law Professors filed (2/11/19). VIDED. (Distributed)
Jan 30 2019Brief amicus curiae of Jewish War Veterans of the United States of America, Inc. filed. VIDED. (Distributed)
Jan 30 2019Brief amicus curiae of Muslim Advocates filed. VIDED. (Distributed)
Jan 30 2019Brief amici curiae of Historians and Legal Scholars filed. VIDED.
Jan 30 2019Brief amici curiae of Military Religious Freedom Foundation, et al. filed. VIDED. (Distributed)
Jan 30 2019Brief amici curiae of Freedom from Religion Foundation, et al. filed. VIDED.
Jan 30 2019Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. VIDED. (Distributed)
Feb 13 2019Reply of petitioners The American Legion, et al. filed (in 17-1717). (Distributed)
Feb 13 2019Reply of petitioner Maryland-National Capital Park and Planning Commission filed (in 18-18). (Distributed)
Feb 21 2019Letter from State of Rhode Island regarding amici brief of State of West Virginia and 29 Other States filed on December 24, 2018 received. VIDED. (Distributed).
Feb 27 2019Argued. 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.
Jun 20 2019Judgment 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.
Jul 22 2019JUDGMENT ISSUED.