The American Legion v. American Humanist Association

Consolidated with:

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

Docket No.	Argument	Opinion	Vote	Author	Term
17-1717	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: The new court and religion (Erwin Chemerinsky, July 26, 2019)
Symposium: The calm before the storm for religious-liberty cases? (Mark Rienzi, July 26, 2019)
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)
04/30/2018	Application (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.
05/03/2018	Application (17A1201) granted by The Chief Justice extending the time to file until June 29, 2018.
06/25/2018	Petition for a writ of certiorari filed. (Response due July 27, 2018)
07/12/2018	Blanket Consent filed by Petitioners, The American Legion, et al..
07/13/2018	Blanket Consent received from counsel of record for Respondent, Maryland-National Capital Park and Planning Commission filed.
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 of respondents American Humanist Association, et al. in opposition filed.
07/27/2018	Brief amici curiae of Citizens United, et al. filed.
07/27/2018	Brief amicus curiae of Thomas More Law Center filed.
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.
08/21/2018	Reply of petitioners The American Legion, et al. 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. 18-18 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 fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
12/03/2018	Blanket Consent filed by Respondents, American Humanist Association, et al..
12/03/2018	Blanket Consent filed by Maryland-National Capital Park and Planning Commission. VIDED.
12/04/2018	Blanket Consent filed by The American Legion, et al. VIDED.
12/17/2018	Application (18A653) of respondents to file a consolidated brief on the merits in excess of the word limit, submitted to The Chief Justice.
12/17/2018	Joint appendix filed (4 volumes). (Statement of costs filed). VIDED.
12/17/2018	Brief of petitioners The American Legion, et al. filed (in 17-1717).
12/17/2018	Brief of petitioner Maryland-National Capital Park and Planning Commission filed (in 18-18).
12/18/2018	Motion of respondents for an extension of time filed. VIDED.
12/18/2018	Brief amici curiae of American Association of Christian Schools, et al. filed. VIDED.
12/19/2018	Brief amicus curiae of Town of Taos, New Mexico filed. VIDED.
12/19/2018	Brief amicus curiae of Thomas More Law Center filed. VIDED.
12/19/2018	Brief amicus curiae of Justice and Freedom Fund filed. VIDED.
12/20/2018	Brief amicus curiae of Wisconsin Institute for Law & Liberty filed. VIDED.
12/20/2018	Brief amicus curiae of Foundation for Moral Law filed (in 17-1717).
12/20/2018	Brief amicus curiae of Maryland filed (in 18-18).
12/21/2018	SET FOR ARGUMENT on Wednesday, February 27, 2019. VIDED.
12/21/2018	Motion 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.
12/21/2018	Application (18A653) to file a consolidated brief on the merits in excess of the word limit granted by The Chief Justice.
12/21/2018	Brief amici curiae of Retired Generals and Flag Officers filed. VIDED.
12/21/2018	Brief amicus curiae of The Utah Highway Patrol Association filed. VIDED.
12/21/2018	Brief amici curiae of Citizens United and Citizens United Foundation filed. VIDED.
12/21/2018	Brief amici curiae of Medal of Honor Recipients filed. VIDED.
12/21/2018	Brief amici curiae of Public Advocate of the United States, et al. filed (in 17-1717).
12/21/2018	Brief amici curiae of National Association of Counties, et al. filed. VIDED.
12/21/2018	Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
12/21/2018	Brief amicus curiae of Family Research Council filed. VIDED.
12/21/2018	Brief amici curiae of The National Jewish Commission on Law and Public Affairs ("COLPA"), et al. filed. VIDED.
12/21/2018	Brief amici curiae of Family Members of Soldiers Named on the Peace Cross filed. VIDED.
12/21/2018	Brief amicus curiae of Judicial Watch, Inc. filed. VIDED.
12/21/2018	Amicus 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)
12/21/2018	Brief amici curiae of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials filed. VIDED.
12/21/2018	Brief amici curiae of Veterans of Foreign Wars of the United States, et al. filed. VIDED.
12/21/2018	Brief amici curiae of American Center for Law & Justice, et al. filed. VIDED.
12/21/2018	Brief amicus curiae of Liberty Counsel filed. VIDED.
12/21/2018	Brief amicus curiae of The Rutherford Institute filed. VIDED.
12/24/2018	Brief amicus curiae of Cato Institute filed. VIDED.
12/24/2018	Brief amici curiae of State of West Virginia and 29 Other States filed. VIDED.
12/24/2018	Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.
12/26/2018	Brief amicus curiae of Kamal S. Kalsi filed. VIDED.
12/26/2018	Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED.
12/26/2018	Brief amicus curiae of The American Civil Rights Union filed. VIDED.
12/26/2018	Brief amici curiae of Various Professors filed. VIDED.
12/26/2018	Brief amici curiae of 84 United States Senators and Members of the United States House of Representatives filed. VIDED.
12/26/2018	Brief amici curiae of Veterans in Defense of Liberty, et al. filed. VIDED.
12/26/2018	Brief amicus curiae of United States filed. VIDED.
12/26/2018	Brief amici curiae of Professors Walter Dellinger and Martin S. Lederman in support of neither party filed. VIDED.
12/26/2018	Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed. VIDED.
12/26/2018	Brief amicus curiae of CatholicVote.org Education Fund filed. (in 17-1717).
12/26/2018	Brief amici curiae of Maryland Elected Officials and Prince George's County filed. VIDED.
12/26/2018	Brief amicus curiae of Military Order of the Purple Heart filed. VIDED.
12/26/2018	Amicus brief of Religious Denominations and Other Religious Institutions not accepted for filing. (January 07, 2019)
12/26/2018	Brief amici curiae of Religious Denominations and Other Religious Institutions filed. VIDED.
01/09/2019	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
01/09/2019	Joint motion of petitioners for enlargement of time for oral argument and for divided argument filed. VIDED.
01/11/2019	Record requested from the U.S.C.A. 4th Circuit.
01/15/2019	CIRCULATED
01/17/2019	Record from the U.S.D.C. District of Maryland Southern Division is electronic and located on PACER.
01/22/2019	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/22/2019	Joint 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.
01/23/2019	Brief of respondent American Humanist Association, et al. filed. VIDED. (Distributed)
01/30/2019	Brief amici curiae of Religious and Civil-Rights Organizations filed. VIDED. (Distributed)
01/30/2019	Amicus brief of Law Professors not accepted for filing. (February 11, 2019) (Corrected version Submitted)
01/30/2019	Brief amici curiae of Law Professors filed (2/11/19). VIDED. (Distributed)
01/30/2019	Brief amicus curiae of Jewish War Veterans of the United States of America, Inc. filed. VIDED. (Distributed)
01/30/2019	Brief amicus curiae of Muslim Advocates filed. VIDED. (Distributed)
01/30/2019	Brief amici curiae of Historians and Legal Scholars filed. VIDED.
01/30/2019	Brief amici curiae of Military Religious Freedom Foundation, et al. filed. VIDED. (Distributed)
01/30/2019	Brief amici curiae of Freedom from Religion Foundation, et al. filed. VIDED.
01/30/2019	Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. VIDED. (Distributed)
02/13/2019	Reply of petitioners The American Legion, et al. filed (in 17-1717). (Distributed)
02/13/2019	Reply of petitioner Maryland-National Capital Park and Planning Commission filed (in 18-18). (Distributed)
02/21/2019	Letter 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).
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.