Town of Greece v. Galloway
Holding
The town's practice of opening its town board meetings with a prayer offered by members of the clergy does not violate the Establishment Clause when the practice is consistent with the tradition long followed by Congress and state legislatures, the town does not discriminate against minority faiths in determining who may offer a prayer, and the prayer does not coerce participation with non-adherents.
Judgment
Reversed, 5-4, in an opinion by Anthony McLeod Kennedy on May 5, 2014. Justice Scalia and Justice Thomas join the majority opinion except as to Part II-B. Justice Alito filed a concurring opinion, in which Justice Scalia joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Scalia joined as to Part II. Justice Breyer filed a dissenting opinion. Justice Kagan filed a dissenting opinion, in which Justice Ginsburg, Justice Breyer, and Justice Sotomayor joined.
Issue: Whether the court of appeals erred in holding that a legislative prayer practice violates the Establishment Clause notwithstanding the absence of discrimination in the selection of prayer-givers or forbidden exploitation of the prayer opportunity.
Oct 15, 2012Application (12A366) to extend the time to file a petition for a writ of certiorari from November 6, 2012 to December 6, 2012, submitted to Justice Ginsburg.
Oct 17, 2012Application (12A366) granted by Justice Ginsburg extending the time to file until December 6, 2012.
Dec 6, 2012Petition for a writ of certiorari filed. (Response due January 7, 2013)Dec 19, 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Dec 21, 2012Order extending time to file response to petition to and including March 8, 2013.
Jan 7, 2013Brief amicus curiae of Rev. Dr. Robert E. Palmer filed.Jan 7, 2013Brief amici curiae of Andrew M. Tobin, et al. filed.Jan 7, 2013Brief amici curiae of Members of Congress filed.Jan 7, 2013Brief amici curiae of Mark L. Baily, et al. filed.Jan 7, 2013Brief amici curiae of Indiana, et al. filed.Feb 21, 2013Order further extending time to file response to petition to and including April 8, 2013.
Apr 8, 2013Brief of respondents Susan Galloway, and Linda Stephens in opposition filed.Apr 23, 2013DISTRIBUTED for Conference of May 9, 2013.
Apr 23, 2013Letter of April 23, 2013, from counsel for respondents received. (Distributed)
Apr 23, 2013Reply of petitioner Town of Greece, New York filed. (Distributed)May 13, 2013DISTRIBUTED for Conference of May 16, 2013.
May 20, 2013Petition GRANTED.
Jun 5, 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Jun 12, 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 26, 2013.
Jun 12, 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 26, 2013Joint appendix filed. (Statement of costs filed.)
Jul 26, 2013Brief of petitioner Town of Greece, New York filed.Jul 30, 2013Brief amicus curiae of Brevard County, Florida filed.Aug 1, 2013Brief amicus curiae of Justice and Freedom Fund filed.Aug 1, 2013Brief amicus curiae of League of California Cities in support of neither party filed.Aug 1, 2013Brief amici curiae of Dr. Daniel L. Akin, et al. filed.Aug 1, 2013Brief amicus curiae of Southern Baptist Convention Ethics & Religious Liberty Commission filed.Aug 1, 2013Brief amicus curiae of Southeastern Legal Foundation filed.Aug 1, 2013Brief amicus curiae of Liberty Counsel filed.Aug 1, 2013Brief amicus curiae of State of South Carolina filed.Aug 2, 2013Brief amici curiae of United States Senators Marco Rubio, et al. filed.Aug 2, 2013Brief amicus curiae of American Civil Rights Union filed.Aug 2, 2013Brief amicus curiae of American Center for Law & Justice filed.Aug 2, 2013Brief amicus curiae of the United States filed.Aug 2, 2013Brief amicus curiae of Nathan Lewin filed.Aug 2, 2013Brief amicus curiae of Chaplain Alliance for Religious Liberty filed.Aug 2, 2013Brief amici curiae of Virginia Christian Alliance, et al. filed.Aug 2, 2013Brief amicus curiae of Rev. Dr. Robert E. Palmer filed.Aug 2, 2013Brief amici curiae of Eighty-five Members of Congress serving in the U.S. House of Representatives filed.Aug 2, 2013Brief amicus curiae of Center for Constitutional Jurisprudence filed.Aug 2, 2013Brief amici curiae of Gerard V. Bradley, et al. filed.Aug 2, 2013Brief amicus curiae of Rutherford Institute filed.Aug 2, 2013Brief amicus curiae of Foundation for Moral Law filed.Aug 2, 2013Brief amicus curiae of The Becket Fund for Religious Liberty filed.Aug 2, 2013Brief amici curiae of Seven Prayer-Givers. filed.Aug 2, 2013Brief amicus curiae of Wallbuilders, Inc. filed.Aug 2, 2013Brief amici curiae of Indiana, et al. filed.Aug 2, 2013Brief amici curiae of Board of Commissioners for Carroll County, Maryland, et al. filed.Aug 9, 2013The time to file respondents' brief on the merits is extended to and including September 16, 2013.
Aug 19, 2013CIRCULATED.
Aug 20, 2013SET FOR ARGUMENT on Wednesday, November 6, 2013
Sep 12, 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 13, 2013Motion for leave to file an amicus curiae brief out of time filed by Faith and Action networks.
Sep 16, 2013Brief of respondents Susan Galloway and Linda Stephens filed. (Distributed)Sep 20, 2013Brief amici curiae of Law Professors filed. (Distributed)Sep 23, 2013Brief amici curiae of Erwin Chemerinsky and Alan Brownstein filed. (Distributed)Sep 23, 2013Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. (Distributed)Sep 23, 2013Brief amici curiae of Political Scientists filed. (Distributed)Sep 23, 2013Brief amicus curiae of Jewish Social Policy Action Network filed. (Distributed)Sep 23, 2013Brief amici curiae of Unitarian Universalist Association of Congregations, et al. filed. (Distributed)Sep 23, 2013Brief amici curiae of American Jewish Committee, et al. filed. (Distributed).Sep 23, 2013Brief amicus curiae of Freedom from Religion Foundation filed. (Distributed)Sep 23, 2013Brief amici curiae of Center for Inquiry, et al. filed. (Distributed)Sep 23, 2013Brief amicus curiae of National Conference for Community and Justice filed. (Distributed)Sep 23, 2013Brief amici curiae of Paul Finkelman, et al. filed. (Distributed)Sep 23, 2013Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)Sep 23, 2013Brief amici curiae of Members of Congress Rep. Jerrold Nadler, et al'filed. (Distributed)
Sep 30, 2013Application (13A321) to extend the time to file a reply brief on the merits from October 16, 2013 to October 22, 2013, submitted to Justice Ginsburg.
Oct 1, 2013Application (13A321) granted by Justice Ginsburg extending the time to file the reply brief on the merits until October 22, 2013.
Oct 7, 2013Motion for leave to file an amicus curiae brief out of time by Faith and Action networks. GRANTED.
Oct 15, 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 18, 2013Record from U.S.C.A. for 2nd Circuit is electronic (Not PACER).
Oct 18, 2013Record from U.S.D.C. for Western District of New York is electronic and located on PACER.
Oct 21, 2013DVD Exhibits received from U.S.D.C. for Western District of New York. (126 DVDs)
Oct 22, 2013Reply of petitioner Town of Greece, New York filed. (Distributed)Oct 29, 2013DVD Exihbit received from the U.S.C.A. for the 2nd Circuit. (Joint Appendix Vol. I & II)Nov 6, 2013Argued. For petitioner: Thomas G. Hungar, Washington, D. C.; and Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Douglas Laycock, Charlottesville, Va.
May 5, 2014Judgment REVERSED. Kennedy, J., delivered the opinion of the Court, except as to Part II-B. Roberts, C. J., and Alito, J., joined the opinion in full, and Scalia and Thomas, JJ., joined except as to Part II-B. Alito, J., filed a concurring opinion, in which Scalia, J., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Scalia, J., joined as to Part II. Breyer, J., filed a dissenting opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
Jun 6, 2014JUDGMENT ISSUED.
Recommended Citation: Town of Greece v. Galloway, SCOTUSblog, https://www.scotusblog.com/cases/town-of-greece-v-galloway/