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Caleigh Wood v. Evelyn Arnold, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1430 · judgment February 11, 2019


Certiorari denied · October 15, 2019
Pre-decision estimate: 3% cert probability

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

Questions presented

For the past several decades, courts have struggled to determine when public schools may permissively teach about religion and when public schools cross the line and offend the First Amendment. In the decision below, the Fourth Circuit held that a public school may require students to write and declare the existence of a particular god and to recite prayer in written format. The Fourth Circuit reached this conclusion due to the public school’s assertion that requiring the religious practices bore a pedagogical basis. The questions presented are:

  1. Whether the Establishment Clause permits a public school to make preferential statements about one religion over another under Lemon v. Kurtzman, 403 U.S. 602 (1971)?

  2. Whether a public school may require a student to assert religious beliefs and recount a prayer that offends the student’s religious convictions as part of a homework assignment?

Counsel of record

For petitioner
Richard Thompson
Thomas More Law Center

For respondent
Edmund J. O'Meally
Pessin Katz Law, P.A.

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Oct 15 2019
    Petition DENIED.
  2. Oct 07 2019
    DISTRIBUTED for Conference of 10/11/2019.
  3. Sep 25 2019
    Rescheduled.
  4. Aug 08 2019
    Reply of petitioner Caleigh Wood filed. (Distributed)
  5. Jul 24 2019
    DISTRIBUTED for Conference of 10/1/2019.
  6. Jul 09 2019
    Brief of respondents Evelyn Arnold, et al. in opposition filed.
  7. Jun 11 2019
    Response Requested. (Due July 11, 2019)
  8. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  9. May 21 2019
    Waiver of right of respondents Evelyn Arnold, et al. to respond filed.
  10. May 13 2019
    Petition for a writ of certiorari filed. (Response due June 17, 2019)