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City of Pensacola, Florida, et al. v. Amanda Kondrat'yev, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-13025 · judgment September 7, 2018

GVR'd · June 28, 2019

Pre-decision estimate: 12% cert probability (95% interval 7%–21%)

Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a state or local-government petitioner, and an Eleventh Circuit decision below.

Questions presented

Relying on the “Lemon test,” a panel of the Eleventh Circuit held that a city violated the Establishment Clause by allowing the display of a cross that has been an uncontroversial part of community life for over 75 years. The questions presented are:

Whether plaintiffs have standing to sue under the Establishment Clause when their only alleged injury consists of the feelings of “offense” produced by observing a passive religious display.
Whether, under Town of Greece v. Galloway, 134 S. Ct. 1811 (2014), passive religious displays with a long historical pedigree must be torn down because of claims that they have the purpose or effect of endorsing religion.

Counsel of record

For petitioner
Luke W. Goodrich
The Becket Fund for Religious Liberty

For respondent
Monica Lynn Miller
American Humanist Association

Case

Conference history
Distributed for 3 conferences

Amicus briefs
5 cert-stage

Proceedings

Jul 30 2019
JUDGMENT ISSUED.
Jun 28 2019
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of American Legion v. American Humanist Assn., 588 U. S. ___ (2019).
Jun 26 2019
DISTRIBUTED for Conference of 6/27/2019.
Nov 26 2018
Letter of respondents Amanda Kondrat'yev, et al. received. (Distributed)
Nov 21 2018
Reply of petitioners City of Pensacola, Florida, et al. filed. (Distributed)
Nov 20 2018
DISTRIBUTED for Conference of 12/7/2018.
Nov 19 2018
Brief of respondents Amanda Kondrat'yev, et al. in opposition filed. (Distributed)
Nov 14 2018
Waiver of the 14-day waiting period under Rule 14.5 filed by petitioners.
Oct 18 2018
Brief amicus curiae of International Municipal Lawyers Association filed.
Oct 18 2018
Brief amicus curiae of Foundation for Moral Law filed.
Oct 18 2018
Brief amicus curiae of Junior Chamber International (JCI) Florida filed.
Oct 18 2018
Brief amici curiae of Alabama and 12 additional States filed.
Oct 10 2018
Motion to extend the time to file a response is granted in part and the time is extended to and including November 19, 2018.
Oct 09 2018
Motion to expedite consideration filed by petitioners DENIED. Justice Kavanaugh took no part in the consideration or decision of this motion.
Oct 05 2018
Supplemental letter from counsel for petitioners in response to motion filed.
Oct 04 2018
Motion to extend the time to file a response from October 18, 2018 to December 17, 2018, submitted to The Clerk.
Oct 04 2018
Response to motion to extend the time to file a response from petitioners filed.
Sep 24 2018
Reply in support of motion to expedite consideration of the petition for a writ of certiorari filed by petitioners. (Distributed)
Sep 24 2018
Brief amici curiae of The Jewish Coalition for Religious Liberty, et al. filed.
Sep 21 2018
Response of Amanda Kondrat'yev, et al. to motion not accepted for filing. (September 21, 2018) (Corrected response to be filed)
Sep 21 2018
Response to motion to expedite consideration of the petition for a writ of certiorari from respondents Amanda Kondrat'yev, et al. filed. (Distributed)
Sep 19 2018
DISTRIBUTED for Conference of 10/5/2018.
Sep 17 2018
Petition for a writ of certiorari filed. (Response due October 18, 2018)
Sep 17 2018
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.