Town of Greece v. Galloway
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-696 | 2d Cir. | Nov 6, 2013 | May 5, 2014 | 5-4 | Kennedy | OT 2013 |
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 Justice 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.
SCOTUSblog Coverage
- Symposium: Religious pluralism, civic unity, and the judicial role (Richard Garnett, May 8, 2014)
- Plea for a new church-state ruling (Lyle Denniston, May 7, 2014)
- Symposium: Dismantling the wall that should separate church and state (Erwin Chemerinsky, May 6, 2014)
- Symposium: Town of Greece v. Galloway going forward (Christopher Lund, May 6, 2014)
- Symposium: Thoughts on Town of Greece if the kilt fits (Paul Horwitz, May 6, 2014)
- Symposium: Religious diversity, thick and thin (Chad Flanders, May 6, 2014)
- Symposium: Lemon wins a reprieve, but the end is near (Eric Rassbach, May 6, 2014)
- Tradition! Todays legislative prayer decision in Plain English (Amy Howe, May 6, 2014)
- A "view" from the Court: A divided ruling on prayer, but no fireworks (Mark Walsh, May 5, 2014)
- Opinion analysis: Prayers get a new blessing (Lyle Denniston, May 5, 2014)
- Will history prevail on prayer?: In Plain English (with audio links) (Amy Howe, November 9, 2013)
- Argument recap: Marshs demise or its renewal? (Lyle Denniston, November 6, 2013)
- Legislative prayer returns to the Court: In Plain English (Amy Howe, November 6, 2013)
- Argument preview: Prayer's role in government (Lyle Denniston, November 3, 2013)
- Symposium: Time to restore longstanding meaning and sanity to the Establishment Clause in Town of Greece v. Galloway (Ken Klukowski, October 3, 2013)
- Town of Greece v. Galloway symposium: The end of no endorsement? (Steven Smith, October 2, 2013)
- Town of Greece v. Galloway: What is the Supreme Court up to? (Jessie Hill, September 30, 2013)
- Symposium: Legislative prayer and judicial review (Richard Garnett, September 27, 2013)
- Symposium: Prayer and the machinery of the state (Daniel Mach, September 26, 2013)
- SCOTUS for law students (sponsored by Bloomberg Law): Prayer at government meetings (Stephen Wermiel, September 26, 2013)
- Symposium: Desperate measures in Town of Greece (Eric Rassbach, September 25, 2013)
- Symposium: The puzzle of Town of Greece v. Galloway (Nelson Tebbe and Micah Schwartzman, September 24, 2013)
- Town of Greece symposium: Can government actively favor a religious practice? (Carl Esbeck, September 23, 2013)
- Symposium announcement: Town of Greece v. Galloway (Kali Borkoski, September 18, 2013)
- Major tests on religion shaping up (Lyle Denniston, August 24, 2013)
- U.S. backs government prayer (Lyle Denniston, August 7, 2013)
- Court to rule on government prayer (Lyle Denniston, May 20, 2013)
- Petition of the day (Mary Pat Dwyer, May 1, 2013)
| Date | Proceedings and Orders |
|---|---|
| 10/15/2012 | Application (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. |
| 10/17/2012 | Application (12A366) granted by Justice Ginsburg extending the time to file until December 6, 2012. |
| 12/06/2012 | Petition for a writ of certiorari filed. (Response due January 7, 2013) |
| 12/19/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 12/21/2012 | Order extending time to file response to petition to and including March 8, 2013. |
| 01/07/2013 | Brief amicus curiae of Rev. Dr. Robert E. Palmer filed. |
| 01/07/2013 | Brief amici curiae of Andrew M. Tobin, et al. filed. |
| 01/07/2013 | Brief amici curiae of Members of Congress filed. |
| 01/07/2013 | Brief amici curiae of Mark L. Baily, et al. filed. |
| 01/07/2013 | Brief amici curiae of Indiana, et al. filed. |
| 02/21/2013 | Order further extending time to file response to petition to and including April 8, 2013. |
| 04/08/2013 | Brief of respondents Susan Galloway, and Linda Stephens in opposition filed. |
| 04/23/2013 | DISTRIBUTED for Conference of May 9, 2013. |
| 04/23/2013 | Letter of April 23, 2013, from counsel for respondents received. (Distributed) |
| 04/23/2013 | Reply of petitioner Town of Greece, New York filed. (Distributed) |
| 05/13/2013 | DISTRIBUTED for Conference of May 16, 2013. |
| 05/20/2013 | Petition GRANTED. |
| 06/05/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 06/12/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 26, 2013. |
| 06/12/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 07/26/2013 | Joint appendix filed. (Statement of costs filed.) |
| 07/26/2013 | Brief of petitioner Town of Greece, New York filed. |
| 07/30/2013 | Brief amicus curiae of Brevard County, Florida filed. |
| 08/01/2013 | Brief amicus curiae of Justice and Freedom Fund filed. |
| 08/01/2013 | Brief amicus curiae of League of California Cities in support of neither party filed. |
| 08/01/2013 | Brief amici curiae of Dr. Daniel L. Akin, et al. filed. |
| 08/01/2013 | Brief amicus curiae of Southern Baptist Convention Ethics & Religious Liberty Commission filed. |
| 08/01/2013 | Brief amicus curiae of Southeastern Legal Foundation filed. |
| 08/01/2013 | Brief amicus curiae of Liberty Counsel filed. |
| 08/01/2013 | Brief amicus curiae of State of South Carolina filed. |
| 08/02/2013 | Brief amici curiae of United States Senators Marco Rubio, et al. filed. |
| 08/02/2013 | Brief amicus curiae of American Civil Rights Union filed. |
| 08/02/2013 | Brief amicus curiae of American Center for Law & Justice filed. |
| 08/02/2013 | Brief amicus curiae of the United States filed. |
| 08/02/2013 | Brief amicus curiae of Nathan Lewin filed. |
| 08/02/2013 | Brief amicus curiae of Chaplain Alliance for Religious Liberty filed. |
| 08/02/2013 | Brief amici curiae of Virginia Christian Alliance, et al. filed. |
| 08/02/2013 | Brief amicus curiae of Rev. Dr. Robert E. Palmer filed. |
| 08/02/2013 | Brief amici curiae of Eighty-five Members of Congress serving in the U.S. House of Representatives filed. |
| 08/02/2013 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| 08/02/2013 | Brief amici curiae of Gerard V. Bradley, et al. filed. |
| 08/02/2013 | Brief amicus curiae of Rutherford Institute filed. |
| 08/02/2013 | Brief amicus curiae of Foundation for Moral Law filed. |
| 08/02/2013 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. |
| 08/02/2013 | Brief amici curiae of Seven Prayer-Givers. filed. |
| 08/02/2013 | Brief amicus curiae of Wallbuilders, Inc. filed. |
| 08/02/2013 | Brief amici curiae of Indiana, et al. filed. |
| 08/02/2013 | Brief amici curiae of Board of Commissioners for Carroll County, Maryland, et al. filed. |
| 08/09/2013 | The time to file respondents' brief on the merits is extended to and including September 16, 2013. |
| 08/19/2013 | CIRCULATED. |
| 08/20/2013 | SET FOR ARGUMENT on Wednesday, November 6, 2013 |
| 09/12/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/13/2013 | Motion for leave to file an amicus curiae brief out of time filed by Faith and Action networks. |
| 09/16/2013 | Brief of respondents Susan Galloway and Linda Stephens filed. (Distributed) |
| 09/20/2013 | Brief amici curiae of Law Professors filed. (Distributed) |
| 09/23/2013 | Brief amici curiae of Erwin Chemerinsky and Alan Brownstein filed. (Distributed) |
| 09/23/2013 | Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. (Distributed) |
| 09/23/2013 | Brief amici curiae of Political Scientists filed. (Distributed) |
| 09/23/2013 | Brief amicus curiae of Jewish Social Policy Action Network filed. (Distributed) |
| 09/23/2013 | Brief amici curiae of Unitarian Universalist Association of Congregations, et al. filed. (Distributed) |
| 09/23/2013 | Brief amici curiae of American Jewish Committee, et al. filed. (Distributed). |
| 09/23/2013 | Brief amicus curiae of Freedom from Religion Foundation filed. (Distributed) |
| 09/23/2013 | Brief amici curiae of Center for Inquiry, et al. filed. (Distributed) |
| 09/23/2013 | Brief amicus curiae of National Conference for Community and Justice filed. (Distributed) |
| 09/23/2013 | Brief amici curiae of Paul Finkelman, et al. filed. (Distributed) |
| 09/23/2013 | Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed) |
| 09/23/2013 | Brief amici curiae of Members of Congress Rep. Jerrold Nadler, et al'filed. (Distributed) |
| 09/30/2013 | Application (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. |
| 10/01/2013 | Application (13A321) granted by Justice Ginsburg extending the time to file the reply brief on the merits until October 22, 2013. |
| 10/07/2013 | Motion for leave to file an amicus curiae brief out of time by Faith and Action networks. GRANTED. |
| 10/15/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/18/2013 | Record from U.S.C.A. for 2nd Circuit is electronic (Not PACER). |
| 10/18/2013 | Record from U.S.D.C. for Western District of New York is electronic and located on PACER. |
| 10/21/2013 | DVD Exhibits received from U.S.D.C. for Western District of New York. (126 DVDs) |
| 10/22/2013 | Reply of petitioner Town of Greece, New York filed. (Distributed) |
| 10/29/2013 | DVD Exihbit received from the U.S.C.A. for the 2nd Circuit. (Joint Appendix Vol. I & II) |
| 11/06/2013 | Argued. 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. |
| 05/05/2014 | Judgment 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. |
| 06/06/2014 | JUDGMENT ISSUED. |
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.