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Klein v. Oregon Bureau of Labor and Industries

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Petition for certiorari granted, judgment vacated, and case remanded to the Court of Appeals of Oregon for further consideration in light of 303 Creative LLC v. Elenis on June 30, 2023.
Docket No. Op. Below Argument Opinion Vote Author Term
22-204 Or. Ct. App. N/A N/A N/A N/A OT 2022

Issues: (1) Whether, under Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Oregon Court of Appeals should have entered judgment for petitioners after finding that respondent had demonstrated anti-religious hostility; (2) whether, under Employment Division v. Smith, strict scrutiny applies to a free exercise claim that implicates other fundamental rights, and if not, whether this court should return to its pre-Smith jurisprudence; and (3) whether compelling an artist to create custom art for a wedding ceremony violates the free speech clause of the First Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 22 2022Application (22A73) to extend the time to file a petition for a writ of certiorari from August 3, 2022 to September 2, 2022, submitted to Justice Kagan.
Jul 26 2022Application (22A73) granted by Justice Kagan extending the time to file until September 2, 2022.
Sep 02 2022Petition for a writ of certiorari filed. (Response due October 7, 2022)
Sep 07 2022Blanket Consent filed by Petitioner, Melissa Elaine Klein, et al.
Sep 14 2022Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk.
Sep 14 2022Blanket Consent filed by Respondent, Oregon Bureau of Labor and Industries
Sep 16 2022Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2022.
Sep 30 2022Brief amici curiae of Masterpiece Cakeshop Customers Stephanie Luck, et al. filed.
Sep 30 2022Brief amici curiae of Manhattan Institute, et al. filed.
Oct 03 2022Brief amicus curiae of Institute for Faith and Family filed.
Oct 06 2022Brief amicus curiae of Liberty Justice Center filed.
Oct 06 2022Brief amici curiae of Constitutional Attorneys filed.
Oct 07 2022Brief amicus curiae of Mountain States Legal Foundation filed.
Oct 07 2022Brief amici curiae of United States Senators and Representatives filed.
Oct 07 2022Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Oct 07 2022Brief amici curiae of America’s Future, Inc., et al. filed.
Oct 07 2022Brief amicus curiae of Alabama Center for Law and Liberty filed.
Oct 07 2022Brief amici curiae of National Right to Work Legal Defense Foundation, et al. filed.
Oct 07 2022Brief amici curiae of Oklahoma, et al. filed.
Oct 07 2022Amicus brief of Advancing American Freedom, Inc. not accepted for filing. (Corrected version submitted)(October 12, 2022)
Oct 07 2022Brief amicus curiae of Advancing American Freedom, Inc. filed.
Nov 02 2022Motion to extend the time to file a response from November 7, 2022 to December 7, 2022, submitted to The Clerk.
Nov 03 2022Motion to extend the time to file a response is granted and the time is further extended to and including December 7, 2022.
Dec 07 2022Brief of respondent Oregon Bureau of Labor and Industries in opposition filed.
Dec 15 2022Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
Dec 21 2022Reply of petitioners Melissa Elaine Klein, et al. filed. (Distributed)
Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
Jun 30 2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of 303 Creative LLC v. Elenis, 600 U. S. ___ (2023).
Aug 01 2023Judgment and mandate issued.