Supreme Court of the United States · Official docket →
Archdiocese of Washington v. Washington Metropolitan Area Transit Authority, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 17-7171 · judgment July 31, 2018
Before the decision, about 4.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.
Question presented
As the 2017 Advent season was approaching, the Archdiocese of Washington sought to advertise its “Find the Perfect Gift” campaign on the exterior of the public buses operated by the Washington Metropolitan Transit Authority (“WMATA”). Its proposed advertisement depicted the silhouette of three shepherds and sheep accompanied by the simple text: “Find the Perfect Gift.” While WMATA accepts a wide variety of advertisements for display on its buses—including all manner of “secular” advertisements addressing Christmas and charitable giving—it refused to run the Archdiocese’s advertisement because it has an express policy prohibiting advertisements that promote or oppose religion or reflect a religious perspective. This Court has three times rejected comparable government efforts to suppress speech addressing otherwise-permissible topics from a religious perspective. See Good News Club v. Milford Cent. Sch., 533 U.S. 98 (2001); Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819 (1995); Lamb’s Chapel v. Ctr. Moriches Union Free Sch. Dist., 508 U.S. 384 (1993). Yet the D.C. Circuit nonetheless concluded that WMATA’s no-religious-speech policy violates neither the First Amendment nor the Religious Freedom Restoration Act. The questions presented are: 1. Whether WMATA’s policy of refusing to accept advertisements that promote or oppose religion or reflect a religious perspective violates the First Amendment.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Donald B. Verrilli Jr.
Munger, Tolles & Olson LLP
Argument & decision
Decided April 6, 2020.
Proceedings
- Apr 06 2020Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition. Statement of Justice Gorsuch, with whom Justice Thomas joins, respecting the denial of certiorari. (Detached Opinion)
- Mar 30 2020DISTRIBUTED for Conference of 4/3/2020.
- Mar 23 2020DISTRIBUTED for Conference of 3/27/2020.
- Mar 16 2020DISTRIBUTED for Conference of 3/20/2020.
- Feb 19 2020DISTRIBUTED for Conference of 3/6/2020.
- Sep 26 2019Supplemental brief of petitioner Archdiocese of Washington, a corporation sole filed. (Distributed)
- Aug 07 2019DISTRIBUTED for Conference of 10/1/2019.
- Aug 06 2019Reply of petitioner Archdiocese of Washington, a corporation sole filed.
- Jul 22 2019Brief of respondents Washington Metropolitan Area Transit Authority, et al. in opposition filed.
- Jun 21 2019Brief amici curiae of Christian Legal Society, et al. filed.
- Jun 21 2019Brief amici curiae of National Association of Evangelicals, et al. filed.
- Jun 20 2019Amicus brief of Foundation for Moral Law not accepted for filing. (Corrected version to be submitted -- June 20, 2019)
- Jun 20 2019Brief amicus curiae of Foundation for Moral Law filed.
- Jun 11 2019Motion to extend the time to file a response is granted and the time is extended to and including July 22, 2019.
- Jun 07 2019Motion to extend the time to file a response from June 21, 2019 to July 22, 2019, submitted to The Clerk.
- May 29 2019Blanket Consent filed by Petitioner, Archdiocese of Washington, a corporation sole.
- May 20 2019Petition for a writ of certiorari filed. (Response due June 21, 2019)
- Mar 22 2019Application (18A880) granted by The Chief Justice extending the time to file until May 20, 2019.
- Mar 21 2019Application (18A880) to extend further the time to file a petition for a writ of certiorari from April 20, 2019 to May 20, 2019, submitted to The Chief Justice.
- Mar 01 2019Application (18A880) granted by The Chief Justice extending the time to file until April 20, 2019.
- Feb 27 2019Application (18A880) to extend the time to file a petition for a writ of certiorari from March 21, 2019 to April 20, 2019, submitted to The Chief Justice.