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Maryland-National Capital Park and Planning Commission 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: 14% cert probability (95% interval 8%–23%)

Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a state or local-government petitioner, and a circuit split argued in the petition.

Question presented

Consolidated with 17-1717. Whether the Establishment Clause requires the removal or destruction of a 93-year-old memorial to American servicemen who died in World War I solely because the memorial bears the shape of a cross.

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Michael A. Carvin
Jones Day

Case

Conference history
Distributed for 5 conferences

Amicus briefs
20 cert-stage

Related
Vide, 17-1717

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

  1. Jul 22 2019
    JUDGMENT ISSUED.
  2. 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.
  3. 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.
  4. Jan 15 2019
    CIRCULATED
  5. Jan 11 2019
    Record requested from the U.S.C.A. 4th Circuit.
  6. Dec 21 2018
    SET FOR ARGUMENT on Wednesday, February 27, 2019. VIDED.
  7. Nov 02 2018
    Petition GRANTED. The petition for a writ of certiorari in No. 17-1717 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
  8. 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 flings is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  9. Oct 29 2018
    DISTRIBUTED for Conference of 11/2/2018.
  10. Oct 22 2018
    DISTRIBUTED for Conference of 10/26/2018.
  11. Oct 09 2018
    DISTRIBUTED for Conference of 10/12/2018.
  12. Oct 01 2018
    DISTRIBUTED for Conference of 10/5/2018.
  13. Aug 22 2018
    DISTRIBUTED for Conference of 9/24/2018.
  14. Aug 21 2018
    Reply of petitioner Maryland-National Capital Park and Planning Commission filed.
  15. Aug 02 2018
    Brief amicus curiae of Prince George's County, Maryland filed.
  16. Aug 02 2018
    Brief amicus curiae of The Rutherford Institute filed.
  17. Aug 02 2018
    Brief of respondents American Humanist Association, et al. in opposition filed.
  18. Aug 02 2018
    Brief amicus curiae of State of Maryland filed.
  19. Aug 02 2018
    Brief amici curiae of Veterans in Defense of Liberty, et al. filed.
  20. Aug 01 2018
    Brief amicus curiae of Foundation for Moral Law filed.
  21. Jul 27 2018
    Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.(Corrected brief to be resubmitted)
  22. Jul 27 2018
    Brief amici curiae of Retired Generals and Flag Officers filed. VIDED.
  23. Jul 27 2018
    Brief amici curiae of Major General Patrick Brady and Veterans Groups Erecting and Maintaining War Memorials filed. VIDED.
  24. Jul 27 2018
    Brief amicus curiae of Jewish Coalition for Religious Liberty filed. VIDED.
  25. Jul 27 2018
    Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed. VIDED
  26. Jul 27 2018
    Brief amicus curiae of International Municipal Lawyers Association filed. VIDED.
  27. Jul 27 2018
    Brief amici curiae of 109 United States Senators and Members of the United States House of Representatives filed. VIDED.
  28. Jul 27 2018
    Brief amici curiae of State of West Virginia, 27 Other States & the Governor of Kentucky filed. VIDED.
  29. Jul 27 2018
    Brief amici curiae of Maryland Elected Officials filed. VIDED
  30. Jul 27 2018
    Brief amici curiae of Medal of Honor Recipients filed. VIDED.
  31. Jul 27 2018
    Brief amici curiae of Veterans of Foreign Wars of the United States, et al. filed. VIDED.
  32. Jul 27 2018
    Brief amicus curiae of The Town of Taos, New Mexico filed. VIDED.
  33. Jul 27 2018
    Corrected brief amici curiae of The Becket Fund for Religious Liberty filed. VIDED.
  34. Jul 26 2018
    Brief amicus curiae of Military Order of the Purple Heart filed. VIDED.
  35. Jul 25 2018
    Brief amicus curiae of American Center for Law & Justice filed. VIDED.
  36. Jul 13 2018
    Blanket Consent filed by Petitioner, Maryland-National Capital Park and Planning Commission.
  37. Jul 12 2018
    Blanket Consent filed by Respondents, The American Legion, The American Legion Department of Maryland, and The American Legion Colmar Manor Post 131.
  38. Jun 29 2018
    Petition for a writ of certiorari filed. (Response due August 2, 2018)
  39. May 09 2018
    Application (17A1175) granted by The Chief Justice extending the time to file until June 29, 2018.
  40. Apr 24 2018
    Application (17A1175) 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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