Our Lady of Guadalupe School v. Morrissey-Berru

Consolidated with:

St. James School v. Biel

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-267	9th Cir.	May 11, 2020	Jul 8, 2020	7-2	Alito	OT 2019

Holding: The "ministerial exception" under the religion clauses of the First Amendment forecloses the adjudication of employment-discrimination claims of Catholic school teachers in these cases.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Alito on July 8, 2020. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

SCOTUSblog Coverage

Live blog of opinions (Update: Completed) (Kalvis Golde, July 8, 2020)
Opinion analysis: Court rules that Catholic elementary school teachers are ministers, cannot sue for employment discrimination (Amy Howe, July 8, 2020)
Educational seminar: Debrief of Our Lady of Guadalupe School v. Morrissey-Berru (Katie Bart, May 13, 2020)
Argument analysis: Justices divided in debate over ministerial exception (Amy Howe, May 11, 2020)
Educational seminar: Preview of Our Lady of Guadalupe School v. Morrissey-Berru (Katie Bart, May 6, 2020)
Argument preview: Justices to consider what makes a minister a minister (Corrected) (Amy Howe, April 30, 2020)
Court sets cases for May telephone arguments, will make live audio available (Amy Howe, April 13, 2020)
Justices postpone March argument session (Amy Howe, March 16, 2020)
Justices issue March argument calendar (Amy Howe, January 31, 2020)
Court fills out spring calendar with new grants (Amy Howe, December 18, 2019)

Date	Proceedings and Orders (key to color coding)
07/18/2019	Application (19A80) to extend the time to file a petition for a writ of certiorari from July 29, 2019 to August 28, 2019, submitted to Justice Kagan.
07/19/2019	Application (19A80) granted by Justice Kagan extending the time to file until August 28, 2019.
08/28/2019	Petition for a writ of certiorari filed. (Response due September 30, 2019)
09/11/2019	Brief amicus curiae of The National Catholic Educational Association filed.
09/26/2019	Motion to extend the time to file a response from September 30, 2019 to October 18, 2019, submitted to The Clerk.
09/27/2019	Brief amici curiae of Professors Douglas Laycock, et al. filed.
09/27/2019	Brief amici curiae of Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America filed. VIDED
09/27/2019	Brief amici curiae of State of Alaska, et al. filed.
09/30/2019	Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
09/30/2019	Brief amici curiae of Christian Legal Society et al. filed.
09/30/2019	Brief amici curiae of General Conference of Seventh-day Adventists, et al. filed.
09/30/2019	Brief amicus curiae of Stephen Wise Temple filed.
09/30/2019	Brief amicus curiae of National Legal Foundation filed.
10/01/2019	Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2019.
10/17/2019	Motion to extend the time to file a response from October 18, 2019 to October 28, 2019, submitted to The Clerk.
10/18/2019	Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2019.
10/28/2019	Brief of respondent Agnes Morrissey-Berru in opposition filed.
10/28/2019	Waiver of the 14-day waiting period under 15.5 filed.
10/30/2019	DISTRIBUTED for Conference of 11/15/2019.
11/01/2019	Reply of petitioner Our Lady of Guadalupe School filed. (Distributed)
11/12/2019	Rescheduled.
11/26/2019	DISTRIBUTED for Conference of 12/13/2019.
12/18/2019	Petition GRANTED. The petition for a writ of certiorari in No. 19-348 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
12/18/2019	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. 19-267. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-267. 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 filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
01/27/2020	Blanket Consent filed by Petitioner, Our Lady of Guadalupe School. VIDED
01/31/2020	SET FOR ARGUMENT on Wednesday, April 1, 2020. VIDED
02/03/2020	Joint appendix filed. (Statement of costs filed.) VIDED
02/03/2020	Brief of petitioner Our Lady of Guadalupe School filed. VIDED
02/06/2020	Brief amicus curiae of Foundation for Moral Law filed. VIDED.
02/07/2020	Brief amici curiae of The Christian and Missionary Alliance, et al. filed. VIDED.
02/07/2020	Brief amicus curiae of Judicial Watch, Inc. filed. VIDED.
02/07/2020	Brief amici curiae of COLPA, et al. filed. VIDED.
02/07/2020	Brief amici curiae of State of Alaska, et al. filed (in 19-267).
02/10/2020	Brief amici curiae of InterVarsity Christian Fellowship/USA, World Vision Inc., Young Life filed. VIDED.
02/10/2020	Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed. VIDED.
02/10/2020	Brief amicus curiae of National Catholic Educational Association filed. VIDED.
02/10/2020	Brief amici curiae of Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America filed. VIDED.
02/10/2020	Brief amicus curiae of Torah Umesorah filed. VIDED.
02/10/2020	Brief amicus curiae of Franciscan University of Steubenville filed. VIDED.
02/10/2020	Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED.
02/10/2020	Brief amici curiae of General Conference of Seventh-day Adventists and Jewish Coalition for Religious Liberty filed. VIDED.
02/10/2020	Brief amicus curiae of Asma T. Uddin filed. VIDED.
02/10/2020	Brief amicus curiae of Independent Women's Law Center filed. VIDED.
02/10/2020	Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. VIDED.
02/10/2020	Brief amicus curiae of United States filed. VIDED.
02/10/2020	Brief amici curiae of American Civil Liberties Union, et al filed. VIDED.
02/10/2020	Brief amicus curiae of Partnership Schools filed. VIDED.
02/10/2020	Brief amici curiae of Stephen Wise Temple and Milwaukee Jewish Day School filed. VIDED.
02/10/2020	Brief amici curiae of Columbia International University and Sixth Mount Zion Missionary Baptist Church filed. VIDED.
02/10/2020	Brief amicus curiae of American Center for Law and Justice filed. VIDED.
02/10/2020	Brief amicus curiae of The Rutherford Institute filed. VIDED.
02/10/2020	Brief amicus curiae of Professor John D. Inazu filed. VIDED.
02/10/2020	Brief amici curiae of The Association of Classical Christian Schools, et al., filed. VIDED.
02/10/2020	Brief amici curiae of Senator Mike Lee, et al. filed. VIDED.
02/10/2020	Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
02/10/2020	Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
02/10/2020	Brief amicus curiae of Ethics and Public Policy Center filed. VIDED.
02/10/2020	Brief amicus curiae of Inner Life Fund filed. VIDED.
02/10/2020	Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed. VIDED.
02/10/2020	Brief amici curiae of American Jewish Committee and United Synagogue of Conservative Judaism filed. VIDED.
02/10/2020	Brief amicus curiae of First Liberty Institute filed. VIDED.
02/10/2020	Brief amici curiae of Council for Christian Colleges and Universities and Forty Individual Religious Colleges and Universities filed. VIDED.
02/10/2020	Brief amici curiae of Billy Graham Evangelical Association, et al. filed. VIDED.
02/10/2020	Brief amici curiae of Professors Douglas Laycock, et al. filed. VIDED.
02/10/2020	Brief amicus curiae of United States filed. VIDED. (Distributed)
02/19/2020	CIRCULATED
02/19/2020	Record requested from the U.S.C.A. 9th Circuit.
03/04/2020	Brief of respondents filed. VIDED. (Distributed)
03/04/2020	The record of the USCA 9th Circuit is available on Pacer.
03/10/2020	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
03/10/2020	Brief amici curiae of The Freedom From Religion Foundation, et al. filed. VIDED. (Distributed)
03/11/2020	Brief amici curiae of Center for Inquiry, Inc., et al. filed. VIDED. (Distributed)
03/11/2020	Brief amici curiae of National Women's Law Center, et al. filed. VIDED. (Distributed)
03/11/2020	Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED.
03/11/2020	Brief amici curiae of Virginia, et al. filed. VIDED. (Distributed)
03/11/2020	Brief amici curiae of National Employment Lawyers Association, et al. filed. VIDED. (Distributed)
03/11/2020	Brief amici curiae of Clergy and Laity United for Economic Justice and Bet Tzedek filed. VIDED. (Distributed)
03/11/2020	Brief amici curiae of CHILD USA, et al. filed. VIDED. (Distributed)
03/16/2020	ORAL ARGUMENT POSTPONED. VIDED.
03/23/2020	Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. VIDED.
03/23/2020	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
04/03/2020	Reply of petitioners filed. VIDED. (Distributed)
04/13/2020	Argument to be rescheduled for May 2020.
04/15/2020	RESCHEDULED FOR ARGUMENT on Monday, May 11, 2020. VIDED.
05/11/2020	Argued. For petitioners: Eric C. Rassbach, Washington, D. C.; and Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.). For respondents: Jeffrey L. Fisher, Menlo Park, Cal. VIDED.
07/08/2020	Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. VIDED.
08/10/2020	JUDGMENT ISSUED.