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The American Legion, et al. v. American Humanist Association, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 15-2597 · judgment October 18, 2017

Decided · June 20, 2019

Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

Consolidated with 18-18. In the decision below, the Fourth Circuit held that a 93-year-old memorial to the fallen of World War I is an unconstitutional establishment of religion, merely because it is shaped like a cross. The Fourth Circuit reached this conclusion even though the memorial was designed to be a war memorial, has only ever been a war memorial, has only ever been regarded by the community as a war memorial, and is on public land only because of traffic safety concerns that arose 40 years after the memorial was built. The questions presented are:

Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross.
Whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, 403 U.S. 602 (1971), Van Orden v. Perry, 545 U.S. 677 (2005), Town of Greece v. Galloway, 134 S. Ct. 1811 (2014), or some other test.
Whether, if the test from Lemon v. Kurtzman, 403 U.S. 602 (1971), applies, the expenditure of funds for routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.

Counsel of record

For petitioner
Michael A. Carvin
Jones Day

For respondent
Monica Lynn Miller
American Humanist Association

Case

Conference history
Distributed for 5 conferences

Amicus briefs
17 cert-stage · 47 merits
(39 supporting pet./neither, 8 respondent)

Related
Vide, 18-18

Argument & decision

Argued February 27, 2019 — Neal K. Katyal · Michael A. Carvin · Jeffrey B. Wall · Monica L. Mi.... Audio and transcript

Decided June 20, 2019. Opinion by Alito.

Proceedings

Jul 22 2019
JUDGMENT ISSUED.
Jun 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.
Feb 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.
Feb 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).
Feb 13 2019
Reply of petitioners The American Legion, et al. filed (in 17-1717). (Distributed)
Feb 13 2019
Reply of petitioner Maryland-National Capital Park and Planning Commission filed (in 18-18). (Distributed)
Jan 30 2019
Brief amici curiae of Religious and Civil-Rights Organizations filed. VIDED. (Distributed)
Jan 30 2019
Amicus brief of Law Professors not accepted for filing. (February 11, 2019) (Corrected version Submitted)
Jan 30 2019
Brief amici curiae of Law Professors filed (2/11/19). VIDED. (Distributed)
Jan 30 2019
Brief amicus curiae of Jewish War Veterans of the United States of America, Inc. filed. VIDED. (Distributed)
Jan 30 2019
Brief amicus curiae of Muslim Advocates filed. VIDED. (Distributed)
Jan 30 2019
Brief amici curiae of Historians and Legal Scholars filed. VIDED.
Jan 30 2019
Brief amici curiae of Military Religious Freedom Foundation, et al. filed. VIDED. (Distributed)
Jan 30 2019
Brief amici curiae of Freedom from Religion Foundation, et al. filed. VIDED.
Jan 30 2019
Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. VIDED. (Distributed)
Jan 23 2019
Brief of respondent American Humanist Association, et al. filed. VIDED. (Distributed)
Jan 22 2019
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 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.
Jan 17 2019
Record from the U.S.D.C. District of Maryland Southern Division is electronic and located on PACER.
Jan 15 2019
CIRCULATED
Jan 11 2019
Record requested from the U.S.C.A. 4th Circuit.
Jan 09 2019
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 09 2019
Joint motion of petitioners for enlargement of time for oral argument and for divided argument filed. VIDED.
Dec 26 2018
Brief amicus curiae of Kamal S. Kalsi filed. VIDED.
Dec 26 2018
Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED.
Dec 26 2018
Brief amicus curiae of The American Civil Rights Union filed. VIDED.
Dec 26 2018
Brief amici curiae of Various Professors filed. VIDED.
Dec 26 2018
Brief amici curiae of 84 United States Senators and Members of the United States House of Representatives filed. VIDED.
Dec 26 2018
Brief amici curiae of Veterans in Defense of Liberty, et al. filed. VIDED.
Dec 26 2018
Brief amicus curiae of United States filed. VIDED.
Dec 26 2018
Brief amici curiae of Professors Walter Dellinger and Martin S. Lederman in support of neither party filed. VIDED.
Dec 26 2018
Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed. VIDED.
Dec 26 2018
Brief amicus curiae of CatholicVote.org Education Fund filed. (in 17-1717).
Dec 26 2018
Brief amici curiae of Maryland Elected Officials and Prince George's County filed. VIDED.
Dec 26 2018
Brief amicus curiae of Military Order of the Purple Heart filed. VIDED.
Dec 26 2018
Amicus brief of Religious Denominations and Other Religious Institutions not accepted for filing. (January 07, 2019)
Dec 26 2018
Brief amici curiae of Religious Denominations and Other Religious Institutions filed. VIDED.
Dec 24 2018
Brief amicus curiae of Cato Institute filed. VIDED.
Dec 24 2018
Brief amici curiae of State of West Virginia and 29 Other States filed. VIDED.
Dec 24 2018
Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.
Dec 21 2018
SET FOR ARGUMENT on Wednesday, February 27, 2019. VIDED.
Dec 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.
Dec 21 2018
Application (18A653) to file a consolidated brief on the merits in excess of the word limit granted by The Chief Justice.
Dec 21 2018
Brief amici curiae of Retired Generals and Flag Officers filed. VIDED.
Dec 21 2018
Brief amicus curiae of The Utah Highway Patrol Association filed. VIDED.
Dec 21 2018
Brief amici curiae of Citizens United and Citizens United Foundation filed. VIDED.
Dec 21 2018
Brief amici curiae of Medal of Honor Recipients filed. VIDED.
Dec 21 2018
Brief amici curiae of Public Advocate of the United States, et al. filed (in 17-1717).
Dec 21 2018
Brief amici curiae of National Association of Counties, et al. filed. VIDED.
Dec 21 2018
Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Dec 21 2018
Brief amicus curiae of Family Research Council filed. VIDED.
Dec 21 2018
Brief amici curiae of The National Jewish Commission on Law and Public Affairs ("COLPA"), et al. filed. VIDED.
Dec 21 2018
Brief amici curiae of Family Members of Soldiers Named on the Peace Cross filed. VIDED.
Dec 21 2018
Brief amicus curiae of Judicial Watch, Inc. filed. VIDED.
Dec 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)
Dec 21 2018
Brief amici curiae of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials filed. VIDED.
Dec 21 2018
Brief amici curiae of Veterans of Foreign Wars of the United States, et al. filed. VIDED.
Dec 21 2018
Brief amici curiae of American Center for Law & Justice, et al. filed. VIDED.
Dec 21 2018
Brief amicus curiae of Liberty Counsel filed. VIDED.
Dec 21 2018
Brief amicus curiae of The Rutherford Institute filed. VIDED.
Dec 20 2018
Brief amicus curiae of Wisconsin Institute for Law & Liberty filed. VIDED.
Dec 20 2018
Brief amicus curiae of Foundation for Moral Law filed (in 17-1717).
Dec 20 2018
Brief amicus curiae of Maryland filed (in 18-18).
Dec 19 2018
Brief amicus curiae of Town of Taos, New Mexico filed. VIDED.
Dec 19 2018
Brief amicus curiae of Thomas More Law Center filed. VIDED.
Dec 19 2018
Brief amicus curiae of Justice and Freedom Fund filed. VIDED.
Dec 18 2018
Motion of respondents for an extension of time filed. VIDED.
Dec 18 2018
Brief amici curiae of American Association of Christian Schools, et al. filed. VIDED.
Dec 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.
Dec 17 2018
Joint appendix filed (4 volumes). (Statement of costs filed). VIDED.
Dec 17 2018
Brief of petitioners The American Legion, et al. filed (in 17-1717).
Dec 17 2018
Brief of petitioner Maryland-National Capital Park and Planning Commission filed (in 18-18).
Dec 04 2018
Blanket Consent filed by The American Legion, et al. VIDED.
Dec 03 2018
Blanket Consent filed by Respondents, American Humanist Association, et al..
Dec 03 2018
Blanket Consent filed by Maryland-National Capital Park and Planning Commission. VIDED.
Nov 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.
Nov 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.”
Oct 29 2018
DISTRIBUTED for Conference of 11/2/2018.
Oct 22 2018
DISTRIBUTED for Conference of 10/26/2018.
Oct 09 2018
DISTRIBUTED for Conference of 10/12/2018.
Oct 01 2018
DISTRIBUTED for Conference of 10/5/2018.
Aug 22 2018
DISTRIBUTED for Conference of 9/24/2018.
Aug 21 2018
Reply of petitioners The American Legion, et al. filed.
Jul 27 2018
Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.(Corrected brief to be resubmitted)
Jul 27 2018
Brief amici curiae of Retired Generals and Flag Officers filed. VIDED.
Jul 27 2018
Brief amici curiae of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials filed. VIDED.
Jul 27 2018
Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED.
Jul 27 2018
Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed. VIDED.
Jul 27 2018
Brief amicus curiae of International Municipal Lawyers Association filed. VIDED.
Jul 27 2018
Brief amici curiae of 109 United States Senators and Members of the United States House of Representatives filed. VIDED.
Jul 27 2018
Brief of respondents American Humanist Association, et al. in opposition filed.
Jul 27 2018
Brief amici curiae of Citizens United, et al. filed.
Jul 27 2018
Brief amicus curiae of Thomas More Law Center filed.
Jul 27 2018
Brief amici curiae of State of West Virginia, 27 Other States & the Governor of Kentucky filed. VIDED.
Jul 27 2018
Brief amici curiae of Maryland Elected Officials filed. VIDED.
Jul 27 2018
Brief amici curiae of Medal of Honor Recipients filed. VIDED.
Jul 27 2018
Brief amici curiae of Veterans of Foreign Wars of the United States, et al. filed. VIDED.
Jul 27 2018
Brief amicus curiae of The Town of Taos, New Mexico filed. VIDED
Jul 27 2018
Corrected brief amici curiae of The Becket Fund for Religious Liberty filed. VIDED.
Jul 26 2018
Brief amicus curiae of Military Order of the Purple Heart filed. VIDED.
Jul 25 2018
Brief amicus curiae of American Center for Law & Justice filed. VIDED.
Jul 13 2018
Blanket Consent received from counsel of record for Respondent, Maryland-National Capital Park and Planning Commission filed.
Jul 12 2018
Blanket Consent filed by Petitioners, The American Legion, et al..
Jun 25 2018
Petition for a writ of certiorari filed. (Response due July 27, 2018)
May 03 2018
Application (17A1201) granted by The Chief Justice extending the time to file until June 29, 2018.
Apr 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.
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