Maryland-National Capital Park and Planning Commission v. American Humanist Association
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-18 | 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 petitioner 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
- Symposium: American Legion lays the groundwork for the downfall of Lemon (Travis Weber, June 21, 2019)
- Symposium: Decision does not support new Christian-only monuments (Holly Hollman, June 21, 2019)
- Symposium: A monumental decision? (Andrée Blumstein, 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: The cross may stand, though it offends (Harvey Weiner, June 20, 2019)
- A "view" from the courtroom: "Quite prolific in our writing" (Mark Walsh, 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 can’t 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 |
|---|---|
| Apr 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. |
| May 09 2018 | Application (17A1175) granted by The Chief Justice extending the time to file until June 29, 2018. |
| Jun 29 2018 | Petition for a writ of certiorari filed. (Response due August 2, 2018) |
| Jul 12 2018 | Blanket Consent filed by Respondents, The American Legion, The American Legion Department of Maryland, and The American Legion Colmar Manor Post 131. |
| Jul 13 2018 | Blanket Consent filed by Petitioner, Maryland-National Capital Park and Planning Commission. |
| Jul 25 2018 | Brief amicus curiae of American Center for Law & Justice filed. VIDED. |
| Jul 26 2018 | Brief amicus curiae of Military Order of the Purple Heart filed. VIDED. |
| Jul 27 2018 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.(Corrected brief to be resubmitted) |
| Jul 27 2018 | Brief amici curiae of Retired Generals and Flag Officers filed. VIDED. |
| Jul 27 2018 | Brief amici curiae of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials filed. VIDED. |
| Jul 27 2018 | Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED. |
| Jul 27 2018 | Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed. VIDED |
| Jul 27 2018 | Brief amicus curiae of International Municipal Lawyers Association filed. VIDED. |
| Jul 27 2018 | Brief amici curiae of 109 United States Senators and Members of the United States House of Representatives filed. VIDED. |
| Jul 27 2018 | Brief amici curiae of State of West Virginia, 27 Other States & the Governor of Kentucky filed. VIDED. |
| Jul 27 2018 | Brief amici curiae of Maryland Elected Officials filed. VIDED |
| Jul 27 2018 | Brief amici curiae of Medal of Honor Recipients filed. VIDED. |
| Jul 27 2018 | Brief amici curiae of Veterans of Foreign Wars of the United States, et al. filed. VIDED. |
| Jul 27 2018 | Brief amicus curiae of The Town of Taos, New Mexico filed. VIDED. |
| Jul 27 2018 | Corrected brief amici curiae of The Becket Fund for Religious Liberty filed. VIDED. |
| Aug 01 2018 | Brief amicus curiae of Foundation for Moral Law filed. |
| Aug 02 2018 | Brief amicus curiae of Prince George's County, Maryland filed. |
| Aug 02 2018 | Brief amicus curiae of The Rutherford Institute filed. |
| Aug 02 2018 | Brief of respondents American Humanist Association, et al. in opposition filed. |
| Aug 02 2018 | Brief amicus curiae of State of Maryland filed. |
| Aug 02 2018 | Brief amici curiae of Veterans in Defense of Liberty, et al. filed. |
| Aug 21 2018 | Reply of petitioner Maryland-National Capital Park and Planning Commission filed. |
| Aug 22 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Oct 01 2018 | DISTRIBUTED for Conference of 10/5/2018. |
| Oct 09 2018 | DISTRIBUTED for Conference of 10/12/2018. |
| Oct 22 2018 | DISTRIBUTED for Conference of 10/26/2018. |
| Oct 29 2018 | DISTRIBUTED for Conference of 11/2/2018. |
| Nov 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. |
| Nov 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.” |
| Dec 21 2018 | SET FOR ARGUMENT on Wednesday, February 27, 2019. VIDED. |
| Jan 11 2019 | Record requested from the U.S.C.A. 4th Circuit. |
| Jan 15 2019 | CIRCULATED |
| Feb 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. |
| Jun 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. |
| Jul 22 2019 | JUDGMENT ISSUED. |
