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Altitude Express, Inc., et al. v. Melissa Zarda and William Allen Moore, Jr., Co-Independent Executors of the Estate of Donald Zarda

Paid petition · United States Court of Appeals for the Second Circuit, No. 15-3775 · judgment February 26, 2018

Decided · June 15, 2020
Pre-decision estimate: 10% cert probability (95% interval 7%–15%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Consolidated with 17-1618. Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a) (l), against employment discrimination "because of . . . sex" encompasses discrimination based on an individual's sexual orientation.

Counsel of record

For petitioner
Saul D. Zabell
Zabell & Associates, P.C.

For respondent
Gregory Antollino
Suite 904

Case

Conference history
Distributed for 14 conferences

Amicus briefs
1 cert-stage

Related
Vide, 17-1618

Argument & decision

Argued October 8, 2019 — Pamela S. Karlan · Jeffrey M. Harris. Audio and transcript

Decided June 15, 2020. Opinion by Gorsuch.

Proceedings

  1. Aug 06 2020
    SECOND AMENDED JUDGMENT ISSUED.
  2. Jul 31 2020
    AMENDED JUDGMENT ISSUED.
  3. Jul 17 2020
    JUDGMENT ISSUED.
  4. Jun 15 2020
    Adjudged to be AFFIRMED (Reversed and remanded in No. 17-1618). Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined. Kavanaugh, J., filed a dissenting opinion. (Opinion also for No. 18-107). VIDED.
  5. Oct 08 2019
    Argued. For petitioner in 17-1618 and respondents in 17-1623: Pamela S. Karlan, Stanford, Cal. For respondent in 17-1618 and petitioners in 17-1623: Jeffrey M. Harris, Arlington, Va.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
  6. Aug 20 2019
    Record received from the U.S.C.A. 2nd Circuit is electronic.
  7. Aug 16 2019
    Record requested from the U.S.C.A. 2nd Circuit.
  8. Aug 01 2019
    CIRCULATED
  9. Jul 01 2019
    SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED
  10. May 13 2019
    Petitioner in No. 17-1618, respondents in No. 17-1623, and respondent Aimee Stephens in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(v), on or before Wednesday, June 26, 2019. Respondent in No. 17-1618, petitioners in No. 17-1623, and petitioner and respondent EEOC in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(vi), on or before Friday, August 16, 2019. Reply briefs, if any, pursuant to Rule 33.1(g)(vii), shall be filed on or before Monday, September 16, 2019. Amicus curiae briefs shall be filed pursuant to Rule 37.3. VIDED.
  11. Apr 23 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. 17-1618. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1618. 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. Apr 22 2019
    Petition GRANTED. The petition for writ of certiorari in No. 17-1618 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
  13. Apr 15 2019
    DISTRIBUTED for Conference of 4/18/2019.
  14. Apr 08 2019
    DISTRIBUTED for Conference of 4/12/2019.
  15. Mar 25 2019
    DISTRIBUTED for Conference of 3/29/2019.
  16. Mar 18 2019
    DISTRIBUTED for Conference of 3/22/2019.
  17. Mar 11 2019
    DISTRIBUTED for Conference of 3/15/2019.
  18. Feb 25 2019
    DISTRIBUTED for Conference of 3/1/2019.
  19. Feb 19 2019
    DISTRIBUTED for Conference of 2/22/2019.
  20. Feb 04 2019
    DISTRIBUTED for Conference of 2/15/2019.
  21. Jan 14 2019
    DISTRIBUTED for Conference of 1/18/2019.
  22. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  23. Dec 20 2018
    DISTRIBUTED for Conference of 1/4/2019.
  24. Dec 03 2018
    DISTRIBUTED for Conference of 12/7/2018.
  25. Dec 03 2018
    Rescheduled.
  26. Nov 26 2018
    Rescheduled.
  27. Nov 07 2018
    DISTRIBUTED for Conference of 11/30/2018.
  28. Sep 11 2018
    Rescheduled.
  29. Sep 05 2018
    DISTRIBUTED for Conference of 9/24/2018.
  30. Sep 04 2018
    Reply of petitioners Altitude Express, Inc., et al. filed. (Distributed)
  31. Aug 16 2018
    Brief of respondents Melissa Zarda, et al. in opposition filed.
  32. Jul 02 2018
    Brief amici curiae of Public Advocate of the United States, et al. filed.
  33. Jun 21 2018
    Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2018.
  34. Jun 19 2018
    Motion to extend the time to file a response from July 2, 2018 to August 16, 2018, submitted to The Clerk.
  35. May 29 2018
    Petition for a writ of certiorari filed. (Response due July 2, 2018)