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Furniss Harkness v. Richard V. Spencer, Secretary of the Navy

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-5396 · judgment May 31, 2017

Certiorari denied · June 18, 2018

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Furniss Harkness, a Navy Reserve chaplain, challenged Navy Chaplain Corps (“CHC”) promotion denominational preferences and retaliation. Chaplains are religious leaders commissioned to provide religious ministry to the Navy as denominational representatives. Respondent has no objective measurement standards for ministry, a uniquely religious term. Chaplains have no authority to act as the Sovereign’s agent yet Respondent allows chaplain promotion board members to use the Sovereign’s power to secretly destroy other chaplains’ careers. Three questions are presented for review: 1. Harkness claimed the CHC retaliated against him for exercising his First Amendment rights by joining a lawsuit challenging CHC religious preferences. Harkness appealed the district court’s holding Orloff v. Willoughby, 345 U.S. 83 (1953) denied it jurisdiction over his retaliation claim. The Sixth Circuit did not overrule the district court but dismissed Harkness’s claim for lacking sufficient details, adopting Respondent’s prior claim the district court had rejected. Respondent did not crossappeal that ruling or raise the issue in the appeal. The question for review is did the Sixth Circuit’s dismissal of Harkness’s claim offend the Supremacy Clause; the First and Fifth Amendments; and the Judiciary’s duty under Article III when it

Counsel of record

For petitioner
Arthur A. Schulcz Sr.
Chaplains' Counsel, PLLC,

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
17A444

Proceedings

Jun 18 2018
Petition DENIED.
Jun 07 2018
Supplemental brief of petitioner Furniss Harkness filed. (Distributed)
May 29 2018
DISTRIBUTED for Conference of 6/14/2018.
May 24 2018
Reply of petitioner Furniss Harkness filed. (Distributed)
May 10 2018
Brief of respondent Richard V. Spencer, Secretary of the Navy in opposition filed.
Apr 04 2018
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2018
Apr 03 2018
Motion to extend the time to file a response from April 6, 2018 to May 10, 2018, submitted to The Clerk.
Feb 28 2018
Motion to extend the time to file a response is granted and the time is further extended to and including April 6, 2018.
Feb 27 2018
Motion to extend the time to file a response from March 7, 2018 to April 6, 2018, submitted to The Clerk.
Jan 31 2018
Motion to extend the time to file a response is granted and the time is extended to and including March 7, 2018.
Jan 30 2018
Motion to extend the time to file a response from February 5, 2018 to March 7, 2018, submitted to The Clerk.
Dec 29 2017
Petition for a writ of certiorari filed. (Response due February 5, 2018)
Oct 20 2017
Application (17A444) granted by Justice Kagan extending the time to file until December 29, 2017.
Oct 18 2017
Application (17A444) to extend the time to file a petition for a writ of certiorari from November 15, 2017 to December 29, 2017, submitted to Justice Kagan.